PARAS KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by sole appellant is directed against the judgment and order dated 16th January, 1987 passed by 2nd Additional Sessions Judge, Arrah in Session Trial No. 328/83 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of I.P.C.

(2.) The brief facts of the case of prosecution are that on 23-6-83 at about 7.15 p.m. the informant Hare Ram Kumhar along with Md. Israil, Md. Sharif, Sri Vishnu Tatwa (none examined), Ram Chand Kumar (PW 4) and Radha Mohan Prasad (PW 5) went to the police station with dead body of his father and lodged an F.I.R. stating therein that on the same day at about 5.30 p.m. a 'panchayati' was held to resolve the dispute between his deceased father and appellant on the point of flow of water from the drain of the house of appellant which was attended by the deceased and appellant. Bihari Kumar and Motilal Marwari (who were co-accused in this case and faced trial along with the appellant but have been acquitted) were supporting the appellant in the 'panchayati'. The panches of the 'panchayati' ordered the appellant to stop the flow of water from his drain. As soon as the 'panches' left the place after giving their verdict the appellant along with Bihari Kumar and Motilal Marwari entangled with the father of informant and thereafter appellant gave a dagger blow on his chest. The father of informant, after receiving injuries fell down. The informant along with Radha Mohan Tatwa and Keshri Ahir caught hold of appellant but Motilal Marwari rescued him and thereafter appellant fled away. The informant took his injured father to Dumrao State Hospital where his father was declared dead and thereafter the informant brought the dead body of his father to the police station and lodged the F.I.R. (Ext. 3). The police after investigation submitted charge sheet under Section 302/34 of C.P.C. against the appellant as well as against Bihari Kumar and Motilal Marwari and they all were put on trial after framing of charge under Section 302/34 against them but the Court below, after trial, found Bihari Kumar and Motilal Marwari not guilty and accordingly, acquitted them, but it found the appellant guilty under Section 302/34 of I.P.C. and convicted and sentenced him to undergo R.I. for life under Section 302, I.P.C.

(3.) The case of the appellant before the Court below was completely denial of the charge against him and his false implication in this case. Two witnesses were examined on behalf of defence but they were on the point of alibi of co-accused Bihari Kumar, who has been acquitted.