RAM CHANDRA RAM Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction and Order of sentence dated 30th April, 1992, passed by the 7th Additional Judicial Commissioner, Ranchi in S.T. No. 99 of 1988, whereby, the appellant has been found guilty and convicted for the offences under Sections 148 and 302/149 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Sections 302/149 I.P.C. No separate sentence has been awarded for the offence under Section 148 of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Ganesh Mahto, the Sarpanch of Rai Panchayat, recorded on 01.12.1983 at about 8.30 a.m. at Khelari Police Station, wherein he has stated that on the same day, i.e., on 01.12.1983 while he was returning from the Churi Hospital after requesting the Doctor to arrange an ambulance for taking the patient to Ranchi hospital then at about 7.00 a.m. when he was returning to his home and reached near Rama Hotel, he saw Baleshwar Mahto was taking away his cows for grazing and was passing through Rama Hotel lane. There he heard the sound of quarrel between Baleshwar Mahto and five boys of Churi village and then the informant asked them not to fight and went near the place. Two boys who were elder from others were assaulting Baleshwar Mahto with fists.