SHYAM CHARAN LOHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant preferred this appeal against the judgment of conviction dated 22-12-1995 and order of sentence dated 23-12-1995 passed by the Judicial Commissioner, Ranchl in Sessions Trial No. 78 of 1991, whereby and whereunder, the learned Judicial Commissioner convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) The prosecution case in brief is that the informant Budheshwar Lohra gave fardbeyan alleging therein that on 13-9-1990 at about 7 p.m. he had gone to the place of his elder uncle with his brother-in-law and sister to attend a dinner and his father Nand Against Judgment and Order of Bharat Prasad Sharma, Judicial Commissioner, Ranchi, D/-22-12-1995 and 23-12-1995. Lal Lohra and his younger brother Rajendra Lohra were present in the house. At that time, his younger brother Rajendra Lohra started crying and when the informant along with others wanted to come, out from the house, they found that the door of the house was closed from outside with chain. However, Rajendra Lohra arrived there, opened the chain and they came out and they were told by Rajendra Lohra that the appellant (Shyam Charan Lohar) assaulted his father with Gupti and fled away. Rajendra Lohra also narrated before the informant and others that a lamp was burning there in the house and his father was sleeping on the ground at the relevant time. The appellant entered into the house, who was holding Gupti and gave Gupti blow to his father twice and his father died due to the injury caused by Gupti. Rajendra Lohra caught him but he tried to run away and he fell down on the door plank and thereafter he picked up a Danda lying there whereby he assaulted Rajendra Lohra. Thereafter the appellant fled away. Rajendra Lohra raised hulla but no one came there and thereafter he came to the place of his uncle. His brother and others came out to whom he narrated the incident. It is stated that in the night he could not go to the police station as it was raining and on the following day in the morning, he went to the police station. On the basis of the fardbeyan, the police registered a case against the appellant, under Section 302 of the Indian Penal Code. The police investigated into the case and submitted chargesheet against the police. The appellant appeared before the trial Court and, accordingly, charge was framed, the witnesses were examined from both sides and after hearing both sides, the learned trial Court convicted and sentenced the appellant in the manner as stated above, hence this appeal.

(3.) There is specific and direct allegation against the appellant for causing Gupti blow repeatedly resulting in the death of Nand Lal Lohra. The Doctor (P.W. 6) held postmortem on the dead body of Nand Lal Lohra and found the following ante-mortem injuries : Stab Wound :