BAHADUR GHASI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellant on being tried for an offence of murder was found guilty and sentenced to imprisonment for life, which is being challenged in this appeal.

(2.) BHOLA Ghasi, the deceased, is the son of PW -9, Subhadra Ghasin. PW -1, Chhotan Ghasi, is the brother of the deceased Bhola Ghasi. The case of the prosecution is that PW -2, Pawan Singh and PW -3, Birbal Ghasi, took a contract of construction work of one Sukhdeo Mahto. The appellant though wanted to be engaged in the said construction work, he was not taken. On 7.3.1993 at about 9.00 p.m. the deceased Bhola Ghasi, PW -2, Pawan Singh and PW -3, Birbal Ghasi, were near the incompleted house of Sukhdeo Mahto. They were playing 3humar. Koka Ghasi on reaching the place made some sarcastic remarks about the witnesses playing Jhumar. PW -3, Birbal Ghasi, asked him to go home, but they were abused. He was also assaulted by the deceased as well as by PWs -2 and 3. PWs -2 and 3 went away from the place. The deceased entered the house followed by the appellant, who in the meantime brought Ballam from his house, which was nearby and stabbed him. On receiving the stab injury, the deceased Bhola Ghasi fell down and died. Thereafter a complaint was given at the police station, on the basis of which investigation was taken.

(3.) AFTER the completion of investigation, final report was filed and the appellant denied the incriminating circumstances, when they were put against him under Section 313 of the Code of Criminal Procedure.