BINOD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS , appeal is directed against judgment and order dated 19th January, 2002, passed by learned 1st Additional Sessions Judge, Banka, in Sessions Case No. 126 of 1998, arising out of Bounsi P. -8 case No. 108 of 1997. Whereby the sole accused -appellant has been held guilty of the charge u/s. 302 Indian Penal Code, 1860 and sentenced to rigorous imprisonment for life.

(2.) THE prosecution case in short is that on 14.10.1997 in the morning hours the deceased, who was a cousin brother of the appellant, had gone to see his crops in the field and had found that some catties had grazed his crops. He came back angry and after some time when he was hurling abuses directed against nobody in particular, this appellant mistook abuses to be directed against him and entered into verbal altercation with the deceased. The accused -appellant became so angry that he went inside his house which is adjacent to the house of the deceased, brought out a Bhala and gave a single blow which hit on the left side chest of the deceased. The deceased could barely manage to reach a cot kept at Darwaja and fell down there on the cot and died soon thereafter.

(3.) THE prosecution in order to prove its case has examined altogether 12 witnesses. Besides the informant, who has claimed to be an eye -witness. P.W.1, Kamli Choudhary and P.W.2 Darshan Marandi have also claimed to be eve -witnesses. P.Ws. 3, 4 and 6 are hearsay witnesses and have been examined only to corroborate the prosecution case that on the date of occurrence villagers assembled on hearing the news of killing of the deceased and they were told the name of the appellant and they saw the deceased with injury in his chest. P.W.7 has claimed to be an eye - witness only of the latter Dart of occurrence wherein he saw the accused running away with bhala and saw the deceased with injury in chest.