LOTAN TURHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) - This appeal is directed against the judgment and order dated 22-11-1987 passed by 1st Additional Sessions Judge Gopalgani in S. T. No. 23/5 of 1985, whereby he convicted the appellant under Section 302 of the Indian Penal Code, simpliciter and sentenced him to imprisonment for life.

(2.) On, 11th August, 1982 at 22.30 hours, the informant Akbar Ali (P.W 8) gave his. statement before A.S.I, of Mirganj Police station namely Md. Habib (P.W. 11) to the effect that on that day in the evening at about 6 p.m., he was returning home from Mirganj Bazar along with his nephew Fune (since deceased), co-villagers, Bhulan Mian (P.W 1), Ramjee Ram (P. W. 2), Sheo Prasad Ram (P.W. 3), Ramayan Nonia (P.W. 4) and Farid Ahmad Khan (P.W. 5), when they reached on the road near Pakar-tree, south to the house of Raghunandan Lohar, they saw appellant Lotan Turha coming from the west concealing a Fasuli behind his back and he suddenly pierced Fasuli in the abdomen of Fune and pulled out the same and escaped towards the south in a maize field, brandishing Fasuli at the informant and his companions. Fune fell down after sustaining the injury. Hi wever, he proceeded further pressing his abdomen and on reaching the Sahan of Noor Mohammad Mian, he fell down where Zaitun Nisa (P.W. 6) wife of Mohammad Jalaluddin bandaged his wound. Thereafter, several persons arrived there and they carried the injurred to the dispensary of Dr. Gauri Shankar Prasad who referred him to the Hathua Hospital. The injured was admitted to Hathua Hospital where he died within a few minutes. The motive for the occurrence, as alleged in fard beyan was that on the day of occurrence, there was an altercation between the appellant and his nephew Chaturi Turha (P.W. 7) at 4 P.M. The deceased had intervened and separated them which had caused annoyance to the appellant. On the basis of yard beyan (Ext. 2), a formal first information report (Ext. 3) was drawn up and police took up the investigation of the case.

(3.) After the investigation and charge sheet, the cognizance of the offence was taken and the case was committed to the court of session.