LOUIS KHALKHO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 302 of the Indian Penal Code, on the charge of committing the murder of Harbhajan Singh, the informant-deceased, and sentenced to life imprisonment by judgment dt. 26-6-1996 and order dt. 28-6-1996 respectively in S.T.No. 664 of 1992 passed by Sri Alok Kumar Sinha, the then Addl. Judicial Commissioner, Ranchi,

(2.) Briefly stated, the prosecution case, as made out in the fard-beyan of Harbhajan Singh, the deceased, which was recorded by the police officer (PW 10) on 14-11-1991 at 11.30 p.m. at R.M.C.H. (Rajendra Medical College and Hospital), Ranchi, is as under :In Simritoli, within Chutia police station, near Munda Chowk, the informant owned a flour mill as well as a grocery shop. Those living in the neighbourhood used to demand articles on credit, but he declined to sell on credit. On 14-11-1991 at about 8 p.m. he was at his shop, when all of a sudden two unknown persons came and started to absuse him and questioned why he did not give articles on credit to the customers and accused him for posing to be a big shot and threatend to finish him. Thereafter a scuffle took place between him and the two unknown culprits. Meanwhile, one of the unknown culprits fired revolver shot, hitting him on the abdomen. He fell down after sustaining the wound and on the sound of gun firing, Nitya Kumar Lakra (not examined), Shiwan Toppo (PW 2) and other neighbours arrived who finding him to be severely wounded, carried him to the hospital, where he was admitted and treated for the wound(s), He claimed to identify the culprits, who were residents of nearby locality, on seeing them. P.W. 10 (Devendra Pd. Singh), on getting some information based on rumours that on 14-11-1991 at about 8.45 p.m. the owner of flour mill-cum-grocery shop was wounded, recorded the stationdiary entry No. 320 on the same day and proceeded with some police personnel to verify the matter and in the process, he reached the RMCH and recorded the fard-beyan (exhibit) of the informant Harbhajan Singh.On its basis the present case came to be instituted against un-known miscreants under Section 307 read with Section 34 of the Indian Penal Code, a formal first information report (exibit 5) was drawn up and P.W. 10 assumed and commenced investigation, recorded the further statement of the informant who eventually died on 15-11-1991 at 10 a.m. in RMCH while undergoing treatment, whereafter Section 302 of the Indian Penal Code was added in the case, visited and inspected the place of occurrence and effected seizure of blood stained earth from the spot. The police officer of Bariapu Police Station held inquest over the dead body (exhibit 1 is the inquest report). The dead body was sent for post-mortem examination and after making the main investigation in the case, he handed over the charge of the case to PW 9 (Sheolal Nayak), who on the basis of the materials collected during the investigation, submitted charge-sheet in the case against the accused/appellant. The case was, ultimately, committed to the Court of Sessions vide order dt. 27-8-1992.

(3.) The main defence is of innocence, bare denial of the accused/appellant of his involvement in the murder of the deceased and of false implication.