RAFAIL LAKRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 31.7.1992 passed by Sri J.K. Narayan, Second Additional Judicial Commissioner, Ranchi in S.T. No. 380/84 convicting the appellant under Section 302 I.P.C. and sentencing him R.I. for life. The prosecution case in brief is that on 4.3.2008 a written report was lodged before the police by Janmojay Mahto (P.W. 3) that on the previous day his father, Janaknath Mahto (deceased) was searching for liquor. Ultimately, at about 8 P.M. the informant (P.W. 3) was told by Maria Oraon (P.W. 4) and the appellant that as his father (deceased) was already intoxicated he took some liquor and went away. The informant further alleged that in the morning of 4.3.2008 he was informed that his father's dead body was lying near the road. The informant expressed that he has no doubt over any person. The F.I.R. was recorded at about 10.45 A.M. on 4.3.2008.

(2.) Counsel for the appellant assailed the impugned judgment passed on various grounds whereas the State Counsel supported it.

(3.) The prosecution examined nine witnesses. P.W. 2, Kunwari Kachhap, daughter of the deceased deposed that her father and the appellant came to her house for taking liquor. There was quarrel between them for tearing a letter during which the appellant assaulted the deceased with fist. P.W. 2 warned them not to quarrel. They went outside quarreling. Her father fell unconscious during quarrel and marpit. When the deceased fell the appellant assaulted him with leg. P.W. 3, Janmojay Mahto is the hearsay witness. P.W. 4, Maria Oraon, inter alia, deposed that there was quarrel between the appellant and the deceased. The appellant assaulted the deceased with hands and legs. Both came out of the house. The appellant again assaulted the deceased. The deceased was aged person. Both were under influence of liquor. The alleged date of occurrence was Holiday. This witness was confronted with his statement made before the Magistrate under Section 164 Cr.P.C. (Ext.-4) in which he said that three boys came out of the house of Rafail Lakra and they assaulted the deceased when he denied to have said so. P.W. 5, jagarnath Mahto is the inquest and a hearsay witness. P.W. 6, Mritunjay Mahto, is another son of the deceased and a hearsay witness. P.W. 7, Ram Kumari Devi is the daughter-in-law of the deceased and is also a hearsay witness. P.W. 8 is the Magistrate before whom P.W. 4 made his statement under Section 164 Cr.P.C. P.W. 9 is the doctor who conducted the postmortem. The investigating Officer has not been examined in this case.