TAHAL DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants named above against the judgment dated 27.8.1990 passed in S.T. No. 40/88 by Sri Paras Nath Sinha, 3rd Additional Sessions Judge, Giridih whereby and whereunder all the appellants were found guilty for the offence punishable under Section 302/34, IPC and they were convicted and each sentenced to undergo RI for life. However, the appellants were acquitted of the charges under Section 379/34, IPC.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of PW 4, Tulsi Mahto, the informant and the son of Khubi Mahto, the deceased of this case, recorded by ASI, Irsad Ali of Town PS Giridih in the Surgical Ward No. 3 of Sadar Hospital, Giridih on 15.10.1986 at 3.00 hours regarding the occurrence which is said to have taken place on 14.10.1986 at 18.00 hours only under a Banyan tree west of Mahadeo temple at Tetariatand in village Arkhango Tola Taraunia, PS Dhanwar, District Giridih.

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claimed themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case out of enmity which is existing and alive between the parties and appellant Sakti Dusadh had filed a complaint case bearing No. 2/86 before the sarpanch of Arkhango Gram Panchayat on 19.6.1986 against PW 4. the informant and his father Khubi Mahto, the deceased of this case, and several other persons and thereafter the. father of appellant Sakti Dusadh had also filed a Misc. Petition before the Sub -divisional Magistrate, Giridih on 29.7.1986 regarding the occurrence of 18.6.1986 and 26.6.1986 that Khubi Mahto aforesaid and others had abused and assaulted his son and threatened him to implicate in false cases.