KARE JHA ALIAS KARE MISSIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Section 302 of the Indian Penal Code (in short the 'Code') by the 2nd Additional Sessions Judge, Purnea, and sentenced to undergo rigorous imprisonment for life.

(2.) The alleged occurrence took place on 11-4-1979 at about sun set when Udhapi Mandal alias Udhai Mandal had gone to ease himself and to bring his bullocks from the bamboo grove of the appellant. Villagers heard soon thereafter the appellant shouting Mardiya-Mardiya Chor Ko Mardiya (killed the thief). The informant (PW-8), Nunu Mandal, and other villagers went rushing to the bamboo grove and found Udhai Mandal in injured condition ; although restless Udhai told them that the appellant had assaulted him. Soon thereafter his voice chocked and, although water was offered to him, he died.

(3.) On the following day at about 1 p. m. the informant along with other witnesses went to Forbesganj Police Station and lodged information. After completing investigation the police submitted charge-sheet. In the eventual trial the appellant has been convicted and sentenced as above.