RAM NATH NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by sole appellant Ram Nath Nonia is directed against the judgment and order dated 4-2-1989 passed by the Sessions Judge, Gopalganj in Sessions Trial No. 44 of 1988 convicting and sentencing the appellant to undergo R.I. for life under Section 302 of IPC.

(2.) Briefly stated the prosecution case is that on the night of 27-5-87 Jagernath Nonia, son of informant after taking meal was sleeping on a cot in a 'sahan' (open land) situated north to the house of appellant whereas his mother, informant, (PW 3) was sleeping in the 'angan' of her house. At about 2.00 AM in the night the informant woke up on hearing some moaning sound (in Fardbeyan, sound of cutting) and when she came out of her house she found the appellant giving a 'garasi' (an axe) blow on the neck of her deceased son Jagernath Nonia and she further found that he had already given some more 'garasi' blows on her son. When the informant raised alarm and tried to catch hold of appellant the appellant ran to assault her with 'garasi'. On 'hulla' of informant her daughter-in-law Sonia Devi alias Sita Devi (PW 1) also came there running and the appellant thereafter fled away with the 'garasi'. The informant found that the neck of her son was cut and he had injury on his right wrist also and blood had fallen on the ground. The villagers, namely, Rajendra Nonia (not examined), Ganga Nonia (PW 9), Promod Kumar Mishra (not examined), Swaminath Upadhaya (PW 10) and others arrived there and the informant told them about the occurrence. On the next day i.e., on 28-5-87 at about 7.00 A.M. Rabindra Nonia (PW 4), minor son of Somari Mahto (PW 5) found the appellant hiding with blood stained 'garasi' below the staircase of his house. He then raised alarm on which the villagers, namely, Rajendra Nonia (not examined), Ganga Nonia (PW 9), Vishwanath Nonia (not examined) and others came there and they apprehended the appellant with blood stained 'garasi'. Mukhiya Swaminath Upadhya (PW 10) sent informant to police out post through Chaukidar and from there A.S.I. Basant Mr. Singh (PW 12) came and recorded the Fardbeyan (Ext. 4) of informant at about 11.00 A.M. About the motive it is alleged that the deceased son of informant used to work with one Jogendra Nonia as a labourer and the appellant had some dispute with Jogendra Nonia and due to this reason he had asked the deceased not to work for Jogendra Nonia but the deceased did not obey him.

(3.) Basant Nr. Singh (PW 12) sent the Fardbeyan of informant to the Mirganj P.S. where a formal F.I.R. (Ext. 3) was drawn up against the appellant under Section 302 of IPC and he prepared inquest report (Ext. 5) for the dead body of the deceased and sent the dead body for post mortem examination and took up the investigation of the case and arrested the appellant who was produced before him by the villagers along with a blood stained 'garasi' (Ext. 1). The I.O. prepared a production list (Ext. 6) for the 'garasi' and he inspected the place of occurrence and found that blood had fallen on the ground where the cot on which the deceased was lying was kept. He seized the blood stained earth and prepared seizure list (Ext. 7) and sent the blood stained earth and 'garasi' for forensic examination. He also prepared sketch map (Ext. 8) of the P.O. and after recording the statements of witnesses and receipt of report of post mortem examination (Ext.1) and report of chemical examination (Ext. 9) for blood stained earth and 'garasi' submitted charge sheet against the appellant under Section 302 of IPC. The cognizance of the case was taken and the appellant was put on trial after framing of charge under Section 302 of IPC and he was found guilty by the Court below and, accordingly, was convicted and sentenced to undergo imprisonment for life under Section 302 of IPC.