MUNNA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. The appellant herein was put up for trial before the 2nd Addl. Sessions Judge, Arrah in Sessions Trial No. 449 of 1991 charged of the offence under Section 302 of the Indian Penal Code for having committed the murder of Satyanarain Tiwary. The learned 2nd Addl Sessions Judge, Arrah by his judgment and order dated 21st of November, 1992 has found the appellant guilty of the offence under Section 302, I.P.C. and sentenced him to undergo rigorous imprisonment for life.

(2.) The case of the prosecution is that deceased Satyanarain Tiwary and the appellant Munna Tiwary were collaterals residing in the same village Manichapara which lies within the jurisdiction of police station Barhara. On 6th of February, 1991 at about 7.30 a.m. while the deceased along with his son and father -in -law was sitting at his Darwaja and gossiping, appellant Munna Tiwary came and picked up a quarrel with him in connection with some land dispute. An altercation followed which attracted several villagers to the Darwaja of the deceased. It appears that those who assembled attempted to pacify the appellant who returned to his home. However, shortly thereafter he came With a Chhura and inflicted two chhura blows, one on the abdomen and the other on the left side of the chest of the deceased. After receiving Chhura blows, the deceased fell down. He was carried to the local State Dispensary at Manichapara by his son, father -in -law and other villagers, but the Medical Officer at the dispensary declared him dead. A requisition was sent by the Medical Officer to the police station pursuant to which the Investigating Officer Md. Aley came to the State dispensary and recorded the fardbeyan of Rajesh Kumar Tiwary, P.W. 3, the son of the deceased at 9 a.m.

(3.) In the fardbeyan Rajesh Tiwary, P.W. 3 stated that on that day at 7.30 a.m. he was at his Darwaja talking to his father Satyanarain Tiwary, deceased and his Nana Kedar Nath Tiwary, P.W. 1. While they were so talking, the appellant came to their Darwaja' and started abusing his father. An altercation followed. On hearing the hulla, the neighbourers and co -villagers assembled. The appellant then ran back to his house but came back with a chhura and inflicted two Chhura blows on his father, first on the abdomen and the second on the chest. After inflicting two chhura blows, the appellant ran away with his chhura. On receiving the injuries, Satyanarain Tiwary sat down pressing his injuries with his hands and was crying in pain. Thereafter the informant, his Nana and his mother Prabhawati Devi started crying and attending to Satyanarain Tiwary. With the help of villagers, the injured who brought to the State dispensary at Manichapra where the doctor declared him dead. It was stated that the cause for the occurrence was the existing land dispute between the deceased and the appellant. The occurrence was witnesses by the mother of the informant Prabhawati Devi, P.W. 2, Kedar Nath Tiwary, P.W. 1 and villagers Yogendra Tiwary, P.W. 4, Prem Shankar Tiwary, Mithilesh Pandey, Ramayan Tiwary, etc.