BIRO HAZARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17.12.1996 and order of sentence dated 19.12.1996 passed in Sessions Trial No. 169/95/67/95, whereby and whereunder the learned First Additional Sessions Judge, Godda held the appellants guilty under Section 302 IPC and convicted and sentenced them to undergo RI for life.

(2.) PROSECUTION case in brief is that Ashok Kumar Jha (PW 8), informant, gave a written report to the Officer -in -Charge on 6.7.95 stating therein that on 5.7.95 on Wednesday at about 8.30 A.M. tie along with his brother Shayama Kant Jha (deceased) went to Jara Tikar Bahiar of village Jogwadih Dikwani to see his field. His brother Shayama Kant Jha proceeded ahead and he stayed there to answer the call of the nature and when he became free after answering the call of nature, he saw that in the east of the Gochar land, Biro Hazari, Sinod Hazari, Shital Hazari and Hemlal Hazari have surrounded his brother armed with lethal weapons and were assaulting him. His brother fled away from there and reached the Gochar land but he was followed by Binod Hazari, armed with Farsa and others, armed with Lathi and Bhala. Binod Hazari gave a Farsa blow on the head of his brother with force and others assaulted with lath; on the palm of right hand, left leg and back. His brother fell down on the Gochar land. Ramdeo Mandai loudly spoke to them to finish him as enemy should never be left and such an occasion will never come again. Hemlal Hazari and Shital Hazari picked up a branch of Babul tree and kept the same on the neck of his brother and Biro Hazari, Binod Hazari, Shital Hazari and Hemlal Hazari standing on the branch so kept on the neck of his brother and pressed this way or thatway. The informant raised alarm seeing the bad condition of his brother and on his alarm Govind Jha, Mritunjay Hazari, Anil Kumar Jha, Bechan Hazari and Sudin Manjhi came to the P.O. and others also, turned up and seeing them all the accused persons fled away towards south. When he reached along with villagers to the Gochar land, his brother was lying injured. He moved his body this way or that way but he could not utter anything. Huge quantity of blood was oozing out from his head. He was dead. Land dispute is main reason for such an occurrence, which is coming for last some years. On this piece of written information Poraiyahat P.S. Case No. 76/95 dated 6.7.95 under Sections 147, 148, 149, 341, 323, 324 and 302 IPC was registered I.O. after investigation submitted chargesheet in the case. Cognizance in the case was taken and case was committed to the court of sessions. The learned 1st Additional Sessions Judge, after re: cording evidence both oral and documentary produced by both the sides, came to a. finding and found the appellants guilty under Section 302 IPC and accordingly convicted and sentenced them for life.

(3.) PROSECUTION has examined 8 witnesses. PW 1 is Amir Hazari. PW 2 is Madan Rabidas. PW 3 is Gobind Jha. PW 4 is Dr. Narendra Kumar, who has conducted the post -mortem examination on the dead body of Shayama Kant Jha. PW 5 is Mritunjay Hazari. PW 6 is Sudin Manjhi. PW 7 is Kamta Prasad Singh, who is the I.O. of the case and PW 8 is the informant himself.