SITA RAM PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 16th of March, 2000 and order of sentence dated 18 th of March, 2000 passed in Sessions Trial No.136 of 1994/42 of 1995 by the court of 2nd Additional Sessions Judge, Aurangabad, whereby the appellant, Sita Ram Paswan, has been found guilty under Sections 307/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for six years. The other accused, Rajmatiya Devi, the wife of the appellant, Sita Ram Paswan, who also faced trial alongwith the appellant, Sita Ram Paswan, has not been found guilty and she was acquitted of the said charge.

(2.) THE prosecution case, as per the fardbeyan (Ext.1) of the informant, Bishwanath Paswan (P.W.3), recorded on 12.6.1992 at about 4.00 hours at Government Hospital, Madanpur, is that the informant, Bishwanath Paswan (P.W.3), had a Radio Repairing Shop at Shivganj and he used to reside at Shivganj by constructing a hut on the government land alongwith his family. In the night of 11/12.6.1992 after taking the meal he slept outside the hut. In the night he felt some pressure on his neck caused by a sharp cutting weapon then he woke up and tried to pull the Fasuli due to which he sustained cut injury in his right thumb. He saw that his villager, the accused-appellant Sita Ram Paswan , had made an attempt to kill him with Fasuli and his wife, Rajmatiya Devi, had caught hold of his legs. Two other persons were also standing near his legs to whom he could not identify as when he woke up they fled away. He entered in the house of Ramdeo Mistry (P.W.1) raising hullah to save his life and, thereafter, both the accused persons fled away. THE occurrence is of about 2.00 A.M. in the night. THE informant, Bishwanath Paswan (P.W.3), further alleged that the accused-appellant, Sita Ram Paswan, is his cousin brother with whom the litigation of land is going on. Yesterday (11.6.1992), the date was fixed in the case and his mother had gone to Aurangabad to pursue the case where the accused- appellant, Sita Ram Paswan, had quarreled with her and had also gave threatening to kill her son.

(3.) P.W.6, Punia Devi, who is the wife of the informant, Bishwanath Paswan (P.W.3), has stated in her evidence that the occurrence is about 2 A.M. of the night of about six years before. At that time she was sleeping in the surrounded Varamdah of the house situated in Shivganj, whereas her husband was also sleeping inside her on a cot. On screaming of her husband she woke up and saw that the accused, Rajmatiya Devi, had caught hold of the legs of her husband and the accused-appellant, Sita Ram Paswan, the husband of the accused, Rajmatiya Devi, was cutting the neck of her husband with Fasuli. Her husband was raising protest by catching hold of the hand of the accused-appellant, Sita Ram Paswan. When she reached there both the accused fled away. On hulla raised by her some villagers gathered there and her husband was taken for treatment to the Madanpur Hospital through TATA-407. She has stated in paragraph- 2 of her cross examination that the cause of occurrence is land dispute. This witness has further stated in paragraph-7 of her cross examination that she was sleeping about 10 cubits away inside the boundary and where her husband was sleeping none was there.