SURYA PAHARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole accused Surya Paharia having been put on trial for the charge under Section 436 of the Indian Penal Code was found guilty and was convicted under Section 436 of the Indian Penal Code and consequently was sentenced to undergo imprisonment for life.

(2.) THE informant Madan Kisku (P.W.3) who happens to be the maternal uncle of the appellant had given a piece of land a year before from the date of occurrence, i.e, 14.4.1988 over which the appellant after constructing a house was residing with his wife. In course of the time he married another girl and due to that reason there used to be altercations among them and, therefore, the informant asked the appellant to leave the village. Upon it, the appellant left the place and came along with his second wife, at her house to live and extended threat of setting the house of informant on fire. Thereafter, ten days before the date of occurrence one Logra Paharia came to his house and had had a drink (toddy) and thereafter informed him that the appellant had paid a sum of Rs. 1000/ - to him for the purpose of killing him, but the informant did not take it seriously. This is said to be the motive.

(3.) ON the basis of evidences brought on record, learned Sessions Judge found the appellant guilty and convicted and sentenced him as aforesaid.