MAHENDRA MUKHIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Sole appellant Mahendra Mukhiya has challenged the judgment of his conviction and order of sentence dated 6th March, 1993 passed by Sri Chakra Dhar Rai, Ist Additional Sessions Judge, Samastipur in Sessions Trial No. 154 of 183/46 of 1992 whereby the appellant was found guilty for committing murder and he was accordingly convicted under Section 304 Part 2 of the IPC and was sentenced to undergo R.I. for 10 years.

(2.) AS per fard beyan (Exhibit -A) the prosecution case is that one O.D. Slip dated 6.6.1980 was issued by 3.30 PM by the doctor of Referral Hospital, Rosera to Rosera Police Station. Assistant Sub -Inspector of Rosera Police Station PW 4 Sri C.D. Singh recorded the fard beyan in Referral Hospital, at 10 P.M. on 26.8.1980 of the then injured Mahraj Mukhiya who later on died. He in his statement stated that in the same morning he had gone to cut earth towards Kareh River and returned to his house in the evening. Prior to his arrival a scuffle has occurred between his son (Naresh Mukhiya) and the son of his Sarhu (Laltun Kukhia) in respect of putting earth on the filed of lady finger. At about 3 PM Maharaj Mukhia had altercation with Mahendra Mukhia. Mahendra Mukhia took out a dagger and pierced in the left side of the stomach of Maharaj Mukhia. He fell down. On cry his father Fhudan Mukhia PW 1, his wife Savitri Devi PW 2 daughter -in -law and other family members arrived but accused Mahendra Mukhia succeeded in escaping with dagger. He was chased by the Fhudan Mukhiya but could not succeeded. The informant/deceased further stated that he was living in the village of father -in -law from the last five years where his Sarhu namely, the present appellant was also living there from 6 -8 years. The injured was brought to hospital by his father and others. The FIR was registered under Sections 324/307 of the IPC. Subsequently the injured died and the case was converted under Section 302 of the Indian Penal Code. After investigation the charge sheet was submitted under Section 302 Indian Penal Code. Cognizance was taken and trial proceeded.

(3.) THE point for determination was as to whether the occurrence as has occurred in the manner as stated by the informant or witnesses or not.