TRIBHUAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Additional Public prosecutor for the State.

(2.) The sole appellant has been convicted for the offences punishable under Sections 302/34 and 323 of the Indian Penal Code and, accordingly, has been sentenced to undergo life imprisonment for the offence punishable under Section 302/34 of the Indian Penal Code and to undergo six months rigorous imprisonment for the offence punishable under Section 323 of the Indian Penal Code by IVth Additional Sessions Judge, Saran at Chapra vide impugned judgment of conviction, dated 12.04.1993, and sentence order, dated 15.04.1993, passed in Sessions Trial No. 41 of 1992. However, both the sentences were ordered to run concurrently.

(3.) Briefly stated prosecution case is that PW-3, Deo Muni Devi, gave her fardbeyan to PW-4, the then A.S.I. of Amnaur Police Station, on 07.07.1991 at about 10 p.m. near her house to this effect that on the same day, at about 7 p.m., while she was sitting in her courtyard, her child came there weeping. She tried to console the child and in the meantime, her husband (deceased) came there from market and gave one slap to his child. She, further, claimed that in the meantime, her father-in-law, Jag Rosan Ram, and her brother-in-law, Tribhuwan Ram (appellant), came running in the courtyard and having caught the hair of her husband, threw him on the ground and started assaulting him with fists, slaps and legs. She tried to save her husband but she was also assaulted by them with fists and slaps. She, further, claimed that having heard the noise, Sukhal Ram (not examined), Satyen Ram (not examined) and Lal Mohan Ram (not examined) and others came there and they also tried to pacify the matter but Jag Rosan Ram as well as Tribhuwan Ram were not agreed to cool down the matter and both told to kill her husband. She, further, stated that her husband tried to come out of the house along with the witnesses but in the meantime, appellant Tribhuvan Ram brought a dagger from his house and handed over to Jag Rosan Ram, who pierced the dagger into the chest of her husband. She, further, claimed that having sustained injury, her husband fell down on the ground and died then and there. After the occurrence, both the aforesaid persons fled away from there along with the aforesaid dagger. She, further, claimed that her father-in-law, Jag Rosan Ram and her brother-in-law, Tribhuwan Ram were separated from her husband since long and there was enmity between them and, that was the reason, they killed her husband.