DILIP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Dilip Singh has been convicted under Section 302, I. P. C. and has been sentenced to rigorous imprisonment for life against which the appellant has filed this appeal.

(2.) The case of the prosecution was that on the 28th of October, 1977 at about 7 a.m. Sone Lal Yadav, the deceased in this case was getting ready his paddy crops harvested by his men. At that time Uttar Singh (absconder) and his wife Smt. Rugro Devi, Dilip Singh (appellant); Laxmi alias Lakhimani Devi, Rajobala Devi (both acquitted) armed with gun, tabal, tangi and latsa reached there. Uttar Singh fired from his gun causing injury to Sone Lal Yadav on account of which he fell down. Then the appellant Dilip Singh cut his left leg with tabal. The accused also assaulted Smt. Ghasni Devi, wife of the deceased and Smt. Budhni Devi, mother-in-law of the deceased with deadly weapons. The accused removed the paddy crops. Thereafter F. I. R. was registered on the basis of the statement of one Sakal Mahto (since deceased) the same day at about 10 a.m. After investigation charge-sheet was submitted.

(3.) The accused in defence denied the prosecution case and alleged their false implication in the case. D W. 1 Chara Munda has been examined against the prosecution who has proved rent receipts (Ext. A series) and a deed (Ext. B),