LAWS(JHAR)-2025-1-14

MANOJ JHA Vs. STATE OF BIHAR

Decided On January 28, 2025
MANOJ JHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Jitendra S. Singh, learned counsel for the appellants and Mrs. Vandana Bharti, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 4/1/1997 (sentence passed on 6/1/1997) passed by Sri Swaroop Lal, learned 1st Additional Sessions Judge, Godda in Sessions Case No. 25 of 1989 / 10 of 1989, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/34 of the IPC and have been sentenced to undergo imprisonment for life.

(3.) The prosecution case arises out of the fardbeyan of Radhe Paswan recorded on 16/5/1988, in which, it has been stated that the informant had got down from Bumbhola Bus at 4:30 P.M. with diesel at Dumaria Bus Stand and was going to his village on a bicycle. In front of him Saroj Kumar Choudhary, Suresh Yadav @ Suro Yadav and Kanhai Jha were going on foot and after crossing the river the informant saw a quarrel between Kanhai Jha and Suresh Yadav. It has been stated that Saroj Kumar Choudhary pacified the warring party with an assurance that a decision will be taken once they reached the village. Kanhai Jha went ahead alone while Saroj Kumar Choudhary advised Suresh Yadav to go on the bicycle of the informant. Suresh Yadav started cycling while the informant sat on the rod of the bicycle. Saroj Kumar Choudhary was coming on foot from behind. It has been alleged that as soon as the informant and Suresh Yadav reached near the culvert they saw Kanhai Jha approaching them from the village and asked the informant to stop which resulted in the informant and Suresh Yadav falling on the ground. As soon as Suresh Yadav got up Kanhai Jha shot at him with a country made pistol and thereafter speedily fled away. Suresh Yadav fell down due to the firearm injury. Several persons had assembled on hearing the sound of firing and thereafter Suresh Yadav was taken to Godda Hospital for treatment.