DUGI PRAJAPATI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The appellants are aggrieved by the impugned Judgment of conviction dated 7th May, 1992 and Order of sentence dated 8th May, 1992, passed by the 4th Additional Sessions Judge, Hazaribag in S.T. No. 190 of 1990, whereby, the appellants have been found guilty and convicted for the offence under Sections 302/149 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo rigorous imprisonment for life for the offence under Sections 302/149 I.P.C.

(3.) The prosecution case was instituted on the basis of the written report of Sobaran Prajapati addressed to Officer-in-Charge, Barkatha Police Station on 17.05.1989, wherein he has stated that on the same day, i.e., on 17.05.1989 at about 01.00 P.M. Dugi Prajapati and Cholo Prajapati assaulted his son Jhallu Prajapati with Kudal on his head with intention to kill him. It is further stated that the occurrence took place due to the dispute relating to agricultural land. It is further stated that Badri Ram and Jagan Mahto have seen the incidence. On the basis of the written report of the informant, Barkatha P.S. Case No. 36 of 1989, corresponding to G.R. No.297 of 1989, was instituted for the offences under Sections 324 and 307/34 of the Indian Penal Code, against two named accused persons, and investigation was taken up. In course of investigation, the injured died and therefore, Section 302 of the Indian Penal Code was added. After investigation, the police submitted the charge-sheet in the case.