JOSEPH EKKA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) : The appellants, Joseph Ekka and Johan Ekka, were arrayed as A 1 and A2 before the 1st Addl. Sessions Judge, Gumla and tried under Section 302 read with section 34 I.P.C., on the allegation that they inflicted injuries on Rogha Bhagat aged about 70 years at 6.30 p.m. on 4.3.1993 leading to his death. The Trial Judge, finding each of the appellants guilty, sentenced each of them to imprisonment for life. The present appeal is against the said conviction and sentence.

(2.) ROGHA Bhagat is the father of Lohra Bhagat, P.W. 8. P.W. 5 Mahabir Bhagat is the son of P.W. 8 They were the residents of village Joratand in which the appellants were also residing. About two days prior to the date of incident, a quarrel " arose between the appellants and the deceased when the deceased was to plough a field situate by the side of the road near a canal over which there was some dispute between the appellants and the deceased. It is said to be the motive.

(3.) ON receipt of the requisition, Dr. Mani Bhushan Prasad, P.W. 2, conducted autopsy on the dead body of Rogha Bhagat and he found the following injuries: -