- (1.) Leave granted. This appeal has been preferred against the judgment and order dated 9th September, 2014 passed by the High Court of judicature at Patna in Criminal Appeal (DB) No.337 of 1992 upholding the conviction of the appellant under Section 302/34 IPC for which he has been sentenced to life imprisonment.
(2.) It is not necessary to notice the facts in detail as the only point on which notice was issued relates to the nature of the offence. On 23rd March 1988 at 5.15 p.m., Hit Lal Singh - deceased was engaged in agricultural operations in his field along with his son Amiri Lal Singh - PW 8. Ram Kumar Singh (father of the appellant and the co -accused who died during the pendency of the proceedings), along with the appellant, whose house was just across the road of the field of the deceased, started abusing the deceased. This led to an altercation. The appellant caught hold of the deceased and the co -accused Ram Kumar Singh stabbed the deceased in his chest. This attracted other people on which the accused ran away. There was some land dispute for which litigation was pending which was the cause of enmity between the parties.
(3.) The prosecution produced number of witnesses including eye -witnesses whose evidence was found to be trustworthy. Accordingly, the appellant and the co -accused were convicted and sentenced by the trial court vide order dated 5th August, 1992 against which both the accused preferred appeal before the High Court. During the pendency of the said appeal, the co -accused Ram Kumar Singh died after he had served substantial part of the sentence. Appeal qua him was dismissed as abated. The appeal of the appellant was dismissed on merits.;