BABLU MARANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mrs. Shail Lakra, learned amicus curiae for the appellant and Mr. Shailendra Kr. Sinha, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 7/9/1999 (sentence passed on 9/9/1999) passed by Sri Mungeshwar Sahoo, learned 1st Additional Sessions Judge, Godda in Sessions Case No. 195 of 1997/106 of 1998, whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302/34 IPC and has been sentenced to rigorous imprisonment for life.

(3.) The prosecution case arises out of the fardbeyan of Mangal Marandi recorded on 16/11/1996 in which it has been stated that on 15/11/1996 at 4:00P.M., he had gone to ask for his ox from his son Lakhiram, but he refused and, in the meantime, the other son of the informant, namely, Bablu Marandi (appellant) had also arrived at the scene. It has been stated that Lakhiram disclosed that since the informant had not given him the jewellery and woods, he will not return the ox. There was an altercation between the informant and Lakhiram Marandi which turned into an assault committed by Lakhiram with a lathi upon the informant and when the informant raised a cry of alarm, his wife Dhena Soren came, who reprimanded both the accused for assaulting their father. This enraged Lakhiram and Bablu Marandi who committed indiscriminate assault upon Dhena Soren and when the informant went to the rescue of his wife, he was also assaulted with lathi. Due to the commotion, several villagers had assembled. At around midnight, Dhena Soren died. Based on the aforesaid allegations, Boarijore P.S. case No. 73/96 was instituted under Sec. 307/34 and 302/34 IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.C. No. 195 of 1997/106 of 1998. Charge was framed against the accused under Sec. 302/34 IPC and 307/34 IPC which was read over and explained to them to which they pleaded not guilty and claimed to be tried.