RAHUL KESARWANI Vs. CENTRAL INFORMATION COMMISSION AND ANOTHER

JUDGEMENT

(1.) The appellant-Chhattu Bhuiya @ Chhattu Ram was put on trial on the accusation of committing murder of Suresh Bhuiya. The trial court having found the appellant guilty for the charge convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code vide its judgment dated 07.05.2003 and sentenced him to undergo imprisonment for life vide its order dated 07.05.2003.

(2.) The case of the prosecution is that the deceased Suresh Bhuiya in the night of 10.03.1998 at about 9.00 p.m. came out of the house to ease himself. At that point of time, the appellant came and inflicted injury on the abdomen of Suresh Bhuiya with Chhura. As a result of which, he became injured and fell down. When he raised alarm, several persons assembled and thereupon the appellant fled away. The deceased Suresh Bhuiya was removed to hospital where his statement to the effect as stated above was recorded by A.S.I. Mangta Purti of Sadar Police Station. On the next day, deceased died but that statement was never treated as dying declaration as the same could not be taken in to evidence.

(3.) On the next date i.e. on 11.03.1998 one Takeshwar Ram (P.W.5) brother of the deceased gave fardbeyan at 9.30 a.m. stating therein that the appellant had taken the deceased to his house at 9.30 p.m. on the plea of having dinner with him at his house. In course of taking food and drink, the appellant inflicted Chhura injury on the abdomen of the deceased. On being injured, the deceased fled away from there by raising alarm. On hearing his alarm, when he (P.W.5) came out of the house, he saw Suresh Bhuiya injured and as such he was removed to Sadar Hospital, Hazaribag.