RAM BABU MAHTO, SON OF SRI BASUDEO MAHTO, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. 10,000.00, in default of which, to further undergo rigorous imprisonment for two years vide Judgment of conviction and Order of sentence dated 05.01.2011 passed by the Sessions Judge, Sitamarhi, in Sessions Trial No. 311 of 2008.

(2.) The case of the prosecution, according to the Fardbeyan of the Informant Nand Kishore Mahto (P.W.7), is that on 21.02.2008 at about 08.00 A.M. an altercation took place between his brother Appellant and deceased cousin brother Om Prakash for taking the water from a certain Hand-pump. Thereafter, the Appellant took out the handle of the Hand-pump saying that he would not let the deceased using the water from the same. While the hot exchange of words was going on, the deceased moved from there and then Appellant assaulted the deceased on his head with the handle of the Hand-pump on account of which, the deceased was injured. The Informant removed the deceased to the Majorganj Hospital and from there to Sadar Hospital, Sitamarhi, but he died on the next day on 22.02.2008 at 07.30 A.M. at P.M.C.H., Patna.

(3.) During trial, the prosecution examined altogether 12 witnesses.