RATIYA KHARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant filed this appeal challenging the judgment and order dated 26th March, 1992, passed by the Addl. District & Sessions Judge, Simdega, in S.T. No. 102/87/T.R. No. 38/91 convicting and sentencing him to life imprisonment for committing the murder of Eto Kharia.

(2.) THE case of the prosecution as set out in the F.I.R. is as under : '' On 7.2.1986 Eto Kharia (deceased) requested the appellant to help him to bring his buffalo lying at Binjhiya Bandh at village ''Rajabasa Tola Danrpani P.S. Thethaitangar District ''Gumla, to his house but the appellant refused to help him inspite of the repeated request made by the deceased and his father (informant) which gave rise to quarrel and exchange of hot words between the deceased and the appellant. The appellant thereupon rushed to his house and brought a Tangi by which he assaulted the deceased causing incised wound on the left side of his head, on account of which he fell down on the ground. The accused thereafter left the place of occurrence. The informant with the help of his wife and daughter -in -law brought the deceased to his house but before he could be taken to the hospital he died in the morning of the next day. The informant thereafter lodged F.I.R. with the police station. The police prepared the inquest report, sent the dead body for post -mortem examination and after making investigation submitted the charge sheet against the appellant, on the basis of which the cognizance was taken and the case was sent to the sessions court for trial. The appellant denied the charge but no witness has been produced on his behalf.

(3.) THE trial Court, on the basis of the testimonies of the P.Ws. 3, 4 and 5 has convicted the appellant and sentenced him to life imprisonment under section 302 I.P.C. Hence this appeal.