NARESH LOHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27.1.1998 and order of sentence dated 28.1,1998 passed in Session Trial No. 252 of 1996 whereby and where under the learned Sessions Judge, Godda held the appellant guilty under Section 302/34 of the Indian Penal Code (IPC), and convicted and sentenced them to undergo R.I. for life.

(2.) PROSECUTION case in brief is that Ajanti Lohar, informant, gave a fardbeyan before the S.I. of police D.P. Singh of Lal -matia P.S. on 15.7.1995 at 2.00 p.m. stating therein that his maternal nephew Santlal Lohar and his brother -in -law Lax -man Lohar were ploughing the field with ox in morning. In the meantime, his mother came with cooked rice for feeding of Santlal Lohar and Laxman Lohar and reached in the field of one Bhagirath Lohar near the field of the informant, at that time, son of his mother 'sniece Naresh Lohar and Vakil Lohar who had hidden themselves came running armed with tangi, daw and pistol and started assaulting his mother. Seeing assault on his mother who was being assaulted with back portion of tangi and daw, Santlal Lohar and Laxman Lohar came to his mother 'srescue, then Naresh Lohar and Vakil Lohar showed them Tangi and Pistol and asked them to leave the place, otherwise they will be killed, thereafter both of them ran to village out of fear raising alarm. On hulla, he (informant) along with Uma Sahi Lohar, Haldhar Lohar, Guni Lohar, Santlal Lohar, Laxman Lohar reached near the place of occurrence and saw his mother Sugawati Devi, aged 57 years was lying dead in his field and blood was oozing out from her mouth and head was found crushed due to assault. Seeing the witnesses turning up, both the appellants fled away. Santlal Lohar and Laxman Lohar are the eye -witnesses who have seen the occurrence as they were ploughing the field at the time. Cause of occurrence is said to be land dispute in between his mother and son of his mother 'sniece in which his mother has won and consequently, he had taken possession of the land.

(3.) DEFENCE has completely denied the allegation of murder on false implication by the informant.