GHURA BHUIYAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) Appellants are aggrieved by the Judgment of conviction and Order of sentence 20.1993, passed by the learned 2nd Additional Sessions Judge, Palamau at Daltonganj, in S.T. No. 193 of 1988, whereby, the appellants have been found guilty and convicted for the offence under Sections 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants were sentenced to undergo R.I. for life for said offence.

(3.) According to the prosecution case as reveled in the fardbeyan of one Jagdish Mistry, the son of the deceased Ram Prasad Mistry, recorded on 4.8.1987 at 9:30 AM at Sadar Hospital, Daltonganj, the deceased, who was resident of village Pajrikala under Bishrampur Police Station, had gone to Daltonganj Court on 8.1987 to attend a case. Thereafter, he returned back at about 6 PM to his village and after changing his cloths, he went to the agriculture field, where his son, the informant, was tending the bulls, where they had some talks and thereafter the father of the informant was returning his home. As soon as, he reached near the Primary School, the informant heard the alarm raised by his father, whereupon, he rushed there and found that the accused Sita Ram Bhuiyan was assaulting his father by farsa and Ghura Bhuiyan and Sarju Bhuiyan were assaulting him by lathi. One more person, namely, Mahabir Singh was there, who was instigating the accused persons to assault his father. The three accused persons assaulted his father by farsa and lathi, injuring his father on his whole body, and there was bleeding injury on his head, caused by farsa. The informant also raised alarm, upon which, several persons assembled there, but the accused persons managed to flee away. The father of the informant was brought to the house and thereafter on a goods train, they brought him to Daltonganj and he was admitted in Daltonganj Sadar Hospital. In the night, at about 1:45 AM, his father died. The informant has stated in the fardbeyan that they had enmity with Mahabir Singh due to the land dispute, who had also filed a case upon his father and the three other accused persons were having connection with naxalites and they were demanding the licensed gun of his father, which his father had not given to them, due to which, they had assaulted the father of the informant. The said fardbeyan was forwarded by the Officer in-charge of Daltonganj Town police station to Bishrampur Police Station, in whose jurisdiction, the occurrence had taken place, where Bishrampur P.S. Case No. 92 of 1987, corresponding to G.R. No. 986 of 1987, was instituted against the accused persons for the offence under Sections 302/34 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet against the three accused persons, who are the appellants before us.