BUDHU LOHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shubham Kumar, learned counsel appearing for the appellant and Mr. Shiv Shankar Kumar, learned APP.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 17/8/1998 passed by Shri Jaywant Tiru, learned Additional Sessions Judge, Simdega in Sessions Trial No. 264 of 1997, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case arises out of the fardbeyan of Chhotu Lohra in which it has been stated that the father of the informant, namely, Dahru Lohra @ Sitaram Lohra had gone to Village Kanakloya to bring the niece of the informant. The informant had left for his field for ploughing and after returning home at 11.30 a.m., he had his meal when Sitaram Gosai had informed him that his wife has died and therefore a request was made to the informant to inform Pandu Gosai, the son of Sitaram Gosai who works in Raja Hotel. The informant accordingly was going to Putri Toli to inform Pandu Gosai when near Karamtola besides the Banyan Tree, he had found the dead body of his father with marks of violence on his body. When the informant raised a cry of alarm several persons had assembled. The father of the informant was having a land dispute with the accused persons who used to regularly threaten his father. The informant has raised a suspicion that the accused persons have committed the murder of his father. Based on the aforesaid allegations, Kolebira P.S. Case No. 46/1997 was instituted for the offence punishable u/s 302 of the I.P.C. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 264 of 1997. Charge was framed against the accused for the offence punishable u/s 302/34 of the I.P.C. which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.