JIVAN BESRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 05.03.1993 and order of sentence dated 06.03.1993 passed by the 6 th Additional Sessions Judge, Santhal Parganas, Dumka in Sessions Case No.99 of 1990, whereby the sole appellant-Jivan Besra has been found guilty of committing murder of Girish Besra and was awarded sentence to undergo R.I for life for the offence punishable under Section 302 IPC.

(2.) During the pendency of this appeal the sole appellant was granted bail vide order dated 06.08.1993 by this Court.

(3.) The case of the prosecution in short is that the husband of the informant, Girish Besra (deceased) had gone to the village in search of wine for serving his relatives, however, he returned at about 7.00 p.m. on 15.09.1989 without wine. Thereafter, the deceased asked his mother as to why she is living with his younger brother-Jivan Besra, when they have partitioned amongst them, whereupon there was hot discussion between the deceased and his mother. Upon hearing the noise, the appellant-Jivan Besra came on the spot but by that time the informant went for taking water from well and when she returned she found her husband lying on the ground in unconscious state. Blood was oozing from his head and the appellant-Jivan Besra was standing with one Bamboo-Patti of cot and Ramdhan Murmu had caught hold of him. On the next morning the deceased succumbed to his injuries.