DIBRU PINGUWA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 16.09.1995 and Order of sentence dated 18.09.1995, passed by the learned Sessions, Singhbhum West at Chaibasa, in Sessions Trial No. 47 of 1992, whereby the appellant has been convicted and sentenced for the offence under Sec. 302 of the Indian Penal Code. The appellant was also charged under Sec. 307 of the Indian Pena Code, but he has found not guilty for the said charge and has been acquitted from the same.

(3.) The FIR was lodged on the basis of fardbeyan given by the informant, Mohan Pingua @ Ankura Pingua, wherein he has stated that on the date of occurrence, i.e., on 09.09.1991 at about 03:00 P.M., he was returning to his home along with his uncle. Suddenly the cousin of the informant, i.e., the appellant came there and assaulted the informant by lathi on his head, due to which the informant fell down. It is alleged that thereafter this appellant started strangulating him, whereupon his uncle Mogeya Pingua came to his rescue. It is alleged that accused appellant assaulted Mogeya Pingua by lathi on his head and face, injuring him brutally, due to which he died at the spot. The informant thereafter went to the police station and gave his fardbeyan, in which, it is also stated that the occurrence had taken place due to the previous land dispute between the parties. It is also stated that about 5 years ago, the deceased Mogeya Pingua had assaulted the accused Dibru Pinguwa for which a police case was also lodged, in which Mogeya Pingua was acquitted. On the basis of the fardbeyan of the informant, Jhinkpani (Hat Gamharia) P.S. Case No. 62 of 1991 corresponding to G.R. Case No. 556 of 991 was instituted and the investigation was taken up. After investigation, the police submitted charge-sheet against the appellant and his wife, Chandu Kui. After commitment of the case to the Court of Session, charges were framed against both the accused persons for the offences under Sec. 302, 307/34 of the IPC, and upon the accused persons pleading not guilty and claiming to be tried, they were put on trial. In course of the trial, the prosecution has examined five witnesses, out of whom P.W. 4, Raibari Kui was only tendered by the prosecution.