Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.118 of 1989 ***** [Against the judgment and order dated 7.2.1989 passed by the learned 7th Additional Sessions Judge, Purnea in Sessions Trial No. 153 of 1986] ======================================================= Kishun Ram s/o Badri Ram, resident of village Bishanpur P. S. Dhamdaha, District- Purnea. .... .... Appellant Versus The State Of Bihar .... .... Respondent ======================================================= Appearance : For the Appellant :Mr. Kanhaiya Pd. Singh, Sr. Adv. :Mr. Kumar Uday Singh, Adv. For the Respondent :Ms. Shashi Bala Verma, APP ======================================================= CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) ****** This appeal has been preferred against the judgment and order dated 7.2.1989 passed by the learned 7th Additional Sessions Judge, Purnea in Sessions Trial No. 153 of 1986 by which the appellant has been convicted and sentenced to undergo imprisonment for life for the offence punishable under [STATUTE] . 2. The prosecution case, in brief, is that on 4.11.1983 at about 7 a.m. the informant, Kamleshwari Ram (P. W. 5) and his brother Uma Ram Patna High Court CR. APP (DB) No.118 of 1989 dt.16-01-2012 2 (deceased) were working in their field which has been given to them by the State of Bihar and the land is in their possession. The land was being cultivated by force by the accused Ganesh Ram (acquitted), Kishun Ram (appellant) and Umesh Ram (acquitted). When the informant and the deceased objected, there was altercation. In the meantime, all the accused took out lathi, spear and dagger from their house and the appellant Kishun Ram assaulted the deceased Uma Ram, the brother of the informant, in his stomach causing serious injury. The occurrence was witnessed by several persons. A written information to this effect was given to the Officer-in-Charge, Dhamdaha and Dhamdaha P. S. Case No. 193 of 1983 was instituted against the accused. 3. The injured was immediately rushed to Dhamdaha State Dispensary. Seeing the serious condition of the injured, he was referred to Purnea Sadar Hospital where he died. After his death the case was converted into the offence under [STATUTE] . After investigation charge-sheet was submitted against all the accused aforesaid. Cognizance was taken and the case was committed to the Court of sessions. After trial appellant has been convicted and Patna High Court CR. APP (DB) No.118 of 1989 dt.16-01-2012 3 sentenced under [STATUTE] . as aforesaid and co-accused Ganesh Ram and Umesh Ram have not been found guilty for any offence and accordingly they have been acquitted by the learned trial court. 4. The defence of the accused is that they have been falsely implicated in this case. From the trend of cross- examination of the prosecution witnesses as well as the defence adduced in this case, the contention of the defence is that the place of occurrence (five kathas of land ) has been in possession of the accused Kishun Ram and Ganesh Ram who have been given Parcha for the same by the Bihar Government under Bihar Privileged Persons Homestead Tenancy Act. The deceased Uma Ram was insisting Kishun Ram to give him some portion of that land for his residential purpose. As Kishun Ram did not agree to part with any portion of his land so it was Uma Ram and the informant who were forcibly ploughing that land on the date of occurrence. It has been further pleaded that the deceased was the aggressor over the land of the accused. The act was justified in exercise of their right of private defence of property. During trial, the prosecution has examined nine witnesses and the Patna High Court CR. APP (DB) No.118 of 1989 dt.16-01-2012 4 accused has examined two witnesses. 5. Now the point for consideration is as to whether the prosecution has been able to substantiate its case beyond reasonable doubt or not. 6. The prosecution has examined following witnesses : P.W. 1 Mouzi Ram, P. W. 2 Ramu Ram, P. W. 3 Laxman Ram, P. W. 4 Nunu Lal Ram, all these witnesses are sons of Saudagar Ram, P. W. 5 Kamleshwari Ram is the informant and the brother of the deceased Uma Ram, P. W. 6 Arvind Nath Thakur, P. W. 7 Dr. B. B. Sarkar, P. W. 8 Dr. A. K. Choudhary and P. W. 9 Ram Chandra Mandal. D. W. 1 M. Narain and D. W. 2 Nand Kumar Singh. 7. P. W. 5 Kamleshwari Ram is the informant and the brother of the deceased of this case who has supported the prosecution case. He has stated that both the two brothers were living together in the same house. There is five kathas of land in the southern portion of his house which belongs to the State of Bihar but they are in possession over the five kathas of land. The house of Kishun Ram is in the eastern side of the land in dispute. There is one acre 52 decimals of land of the State of Bihar out of which seven Patna High Court CR. APP (DB) No.118 of 1989 dt.16-01-2012 5 kathas of land is in his possession. He has further stated that on the date of occurrence he and his brother Uma Ram were working in his courtyard. Kishun Ram started to cultivate the aforesaid five kathas of land. Ganesh Ram and Umesh Ram were also with him. Uma Ram went to stop the ploughing which was insisted by the appellant Kishun Ram. Thereafter, Uma Ram was assaulted with dagger in his stomach by Kishun Ram. Uma Ram was taken to Dhamdaha hospital where written information was written by Domi Pathak. He has identified written report (Ext. 1). The doctor advised him to take the injured to Purnea Sadar Hospital. He was taken to Purnea hospital where he succumbed to injury on the same day at 5 p.m. He has given explanation as to why Bhumi Raj, Sipahi, Rishideo and Baunu Ram will not be examined as they have come in collusion with the accused and the witness Dhananand Jha died. Baljeet Mandal is unable to move. In his cross- examination, he

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.