GIRJA RAI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 23rd of April, 1996 (wrongly mentioned as 24th of April, 1996) and Order of sentence dated 24th of April, 1996, passed by the learned 5th Additional Sessions Judge, Giridih, in Sessions Trial No. 16 of 1985 / 44 of 1994, whereby, the sole appellant has been found guilty and convicted for the offence under Section 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 prosecution case was instituted on the basis of the fardbeyan of the informant Jagdish Ram, the cousin of the deceased Mathura Ram, recorded on 21.9.1984 at village Gundari, Tola Manjhali Tand, P.S.-Dhanwar, District, Giridih, at the place of occurrence, wherein he has stated that the agricultural land bearing Khata No. 76, Plot No. 2729, measuring 68 decimals, situated in Manjhali Tand of Village Gundari, was in share of the informant and his cousin Mathura Ram. They had ploughed the field on the previous day, and on 21.9.1984 at about 7:30 A.M., in the morning, he and his cousin had gone to the land with plough and oxen for sowing kurthi. His son Rameshwar Ram was bringing the kurthi seeds from behind. While they reached the place of occurrence, they saw the appellant Girja Rai sitting near the field armed with sabbal. As soon as they started ploughing the land, Girja Rai objected and he started assaulting them, whereupon, the informant ran for his safety. In the meantime Upendra Rai, the son of Girja Rai also came there, armed with an iron fitted lathi, and both of them started assaulting Mathura Ram by lathi and sabbal. The informant raised the alarm, whereupon the persons from nearby fields also came there. Rameshwar Ram, the son of the informant also came and tried to prevent the accused persons from assaulting Mathura Ram, but the accused persons continued to assault Mathura Ram by sabbal and lathi. Mathura Ram fell down and Girja Rai assaulted him by sabbal on his chest. In the meantime, other persons also assembled there, whereupon the accused persons fled away. The informant has stated that he brought water by wetting a cloth and he gave some water to Mathura Ram. Mathura Ram also informed the persons, who had assembled there, that Girja Rai and Upendra Rai had assaulted him by lathi and sabbal and after sometime, he died. There were marks of assaults on the body of the deceased and a broken bamboo stick was also near the dead body. This witness has stated that the land in question, was belonging to the three brothers, one of whom was his grand-father Daso Ram. Mathura Ram was the heir of other brother Mittan Ram. The third brother was Tejo Ram, whose son Bedo had sold his share to Churo Sao and Churo Sao sold the said land to Jhari Rai, the father of Girja Rai. There was partition of land between them and after the partition of the land, he had gone to cultivate the land, when the occurrence had taken place. On the basis of the fardbeyan of the informant, Dhanwar P.S. Case No.79 of 1984, corresponding to G.R. No.1182 of 1984, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, and the investigation was taken up. After the investigation, the police submitted the charge-sheet against the appellant Girja Rai and his son Upendra Rai.