LAXMI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment thereunder, on the charge of committing the murder of Chhotan Sad, by the Sessions Judge, Gumla, by the impugned judgment and order dated 8 -5 -1987 in S.T. No. 449/1982/T.R. No. 21/1987.

(2.) The prosecution case, in brief, as made out in the F.I.R. (Ext. 5) is as under; the appellant Laxmi Singh is the son -in -law of Baijnath Singh. He resides in his house at village Birinda, Bhandar Toli, within P.S. and District Gumla. The house of Baijnath Singh is in the neighbourhood of the houses of the informant Ram Sewak Sao as well as the deceased Chhotan Sao. On 16 -8 -1981, around 8 p.m., the appellant visited the house of the deceased and took him in his company to his own house. The informant, who was sitting at his Darwaja, saw Chhotan Sao, the deceased going in the company of the appellant towards the house of the appellant. Soon thereafter, the informant heard the cry of the deceased 'ARE MAR DIYA' coming from the house of the appellant. Thereupon, the informant ran to the Courtyard of the appellant. He witnessed the appellant assaulting the deceased with Balua. When he attempted to save the deceased, the appellant fled away with Balua towards the North. The deceased had fallen in the Courtyard with severe bleeding wound on head and he died also instantaneously. .arwati Devi (P.W. 1), the wife of the deceased had arrived on the spot. The cause of the incident is that there was a dispute some days ago between the parties over grazing of cattle, for which the appellant had convened the Panchayati and had threatened to assault the deceased. The informant (P.W. 2) lodged the F.I.R. (Ext. 5) about the incident with Gumla police station on the night of occurrence at about 11.30 p.m., on its basis, the present case was instituted and after completion of investigation, the charge -sheet was laid in the Court against the appellant,

(3.) The main defence is of innocence and false implication.