GOPAL RAM GANJU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mrs. Alpena Verma, learned amicus curiae, as also Mr. Ravi Prakash, learned counsel for the appellant and Mr. Sanjay Shrivastava, learned counsel for the State.

(2.) The appellant is aggrieved by the judgment of conviction dated 30.3.1992 and order of sentence dated 31.3.1992, passed by learned VIth Additional Judicial Commissioner, Ranchi, in Session Trial No. 306 of 1989, whereby the appellant has been found guilty and convicted for the offence under Sec. 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the said offence.

(3.) The FIR was lodged by one Tirit Muni Devi, who was the tenant of the deceased lady. It is stated that in the afternoon of 24.6.1988, the family members of the deceased and the informant, who was her tenant, were sitting in the courtyard of the house when a stone was thrown on the roof, whereupon they came out and found the son of this appellant, and asked him as to who had thrown the stone. It is alleged that thereupon the appellant and his wife came abusing these persons, whereupon they came back to their courtyard. It is alleged that the appellant and his wife followed them and the appellant, Gopal Ram Ganju, hurled a stone which hit the deceased Bilaso Devi and she fell unconscious. It is further alleged that the wife of this appellant Sukh Mani Devi, thereafter, scaled over the belly of the deceased and she also assaulted. Upon the alarm raised by the informant, persons of the locality came there and it is alleged that the accused persons fled away from the place of occurrence. The deceased was brought to Hatia hospital from where she was referred to RIMS, Ranchi, where in course of treatment, she died.