PARAS YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals are filed against the Judgment and Order dated 3rd September, 1996 in Criminal Appeal No. 14 of 1985 and Criminal Appeal No. 62 of 1985 by which Conviction of original accused Nos. 2 and 3 under Section 302 read with Section 34, I.P.C. and that of original accused No. 1 under Section 302, I.P.C. is upheld by the High Court and they all have been sentenced to undergo rigorous imprisonment for life.

(2.) It is a prosecution version that on 7th February, 1983 Sambhu Yadav who was working as an employee in the cloth shop at Chanpatia Bazar was returning at about 7.00 p.m. on a bicycle. At about 8.00 p.m., when he reached about 100 yards north of Ghogha Chowk on the pitch road, he met three persons who abused him and asked him to stop his bicycle. Thereafter, Paras Yadav (accused No.1) caught hold of the bicycle and accused Nos. 2 and 3, Satan and Tulsi caught both the arms of Sambhu Yadav and started assaulting him with fists and slaps. In the meantime, Paras Yadav gave chhura blow in abdomen. Accused thereafter fled away. On hulla being raised, Jhakhari Yadav (PW-9), Bagur Raut (PW-8), Basgeet Yadav (PW-1), Gogari Yadav and other persons came there. It is the prosecution version that Sambhu Yadav (deceased) stated before the witnesses and the Police Sub-Inspector that he was surrounded by Tulsi, Satan, Munshi and Paras and thereafter Paras stabbed him on abdomen. It is also a prosecution version that there was enmity between the accused person and the deceased on account of land dispute. Sub-Inspector of Police, Shri Dina Nath Singh (PW-16) arrived on the spot while he was on patrolling duty along with others and recorded fardbeyan under Section 307, I.P.C. against the three appellants, besides two unknown persons. The victim was shifted to hospital where he succumbed to the injuries at night on 8th February, 1983. Thereafter, offence under Section 302, I.P.C. was added.

(3.) The Sessions Court convicted the accused by relying on fardbeyan (Ext. 1), which was treated as dying declaration. The learned Additional Sessions Judge held that as there was no eye-witness to the occurrence the entire case rested on the dying declaration made by the deceased. The Court arrived at the conclusion that there was nothing to suggest that the Police Sub-Inspector Dina Nath Singh who recorded the dying declaration-cum-statement of Sambhu Yadav had any ill-feeling against any of the accused persons. The said statement is consistent with what other prosecution witnesses have deposed before the Court. It is also found that dying declaration is corroborated by the medical evidence as the doctor (PW-11) who held post-morterm examination found injury in the abdominal region of the deceased by a penetrating weapon like dagger. After appreciating the entire evidence on record, the High Court has upheld the conviction of the appellants. Hence, this appeal by special leave is preferred.