RAM BISUN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment and order dated 2.8.1986 passed by 1st Addl. Sessions Judge, Gopalganj in ST No. 43 of 1985 whereby the appellant has been convicted for the offence under Section 302 of Indian Penal Code and has been sentenced to under rigorous imprisonment for life.

(2.) THE prosecution case is that Krishna Sharma went to the Police Station taking dead body of his brother namely Rameshwar on 16.4.1984 and gave his fardbeyan at about 8.30 p.m. that he was sitting at his door. His brother, the deceased was coming from Mirganj Bazar. The appellant came from his house and gave a dagger blow due to which he fell down. He ran raising hulla. On hulla the villagers came and saw his brother badly injured lying on the earth and Ram Bisun Sharma the appellant running away with blood -stained dagger. His brother, the deceased disclosed that the appellant assaulted him with dagger and thereafter, he became unconscious. The villagers took him to Dr. Ram Naresh for treatment. The Doctor started treatment but he died within an hour. The motive of the occurrence was that on 15.4.1984, there was altercation for osawani of wheat (cleaning of wheat). The appellant had abused and threatened him.

(3.) ON the aforesaid fardbeyan, Ext. 2 a formal Final Information Report, Ext. 3, was drawn and investigation was taken up. Inquest report, Ext. 4, was prepared, seized blood -stained earth and prepared seizure list, Ext 5, sent the dead body for post -mortem, recorded the statement of witnesses and on completion of investigation submitted charge -sheet. On receipt of charge -sheet in the Court, cognizance was taken and the case was committed to the Court of Sessions for trial.