JAI PRAKASH PATWA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by the sole appellant is directed against the judgment and order dated 7th August, 1993 passed by 6th Additional Sessions Judge, Siwan in S Tr No. 211 of 1991 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of Indian Penal Code (in short IPC).

(2.) The case of the prosecution in short is that on 5.8.1990 at about 4.00 p.m. the deceased Ashok Prasad went in front of Darbar Cinema Hall for taking breakfast, when appellant, who happens to be his neighbour, came there carrying 'chhura' and gave a 'chhura' blow on the deceased from the back side hitting on the left side of back of the deceased and thereafter he again gave 2 to 3 'chhura' blows from the front side causing bleeding injuries on the left side of chest and right side of abdomen. The appellant was caught at the spot by the police constable PW 7. The occurrence was witnessed by Mintu (not examined) and a number of other persons. The deceased was taken to Sadar Hospital, Siwan for treatment where his fardbeyan (Ext. 7) was recorded by SI of police, A.A. Khan. About genesis of the occurrence the deceased in the fardbeyan stated that there is old enmity between him and appellant on account of business of food grains. On the basis of fardbeyan, a formal FIR, (Ext. 10) under Sections 324/307 IPC was drawn against the appellant, Subsequently, the deceased died on 8.8.1990 at Patna when he was brought for his treatment of Patna Medical College & Hospital where he was referred and Section 326/302, IPC were added to the FIR. After investigation, the police submitted charge-sheet and the case was committed to the Court of sessions where charge under Section 302, IPC was framed against the appellant. The appellant denied the charge. The case of the appellant as it appears from the trend of the cross-examination of prosecution witnesses is that he has been falsely implicated in this case owing to enmity.

(3.) Altogether 9 witnesses have been examined on behalf of the prosecution. The witnesses namely, Mallu Sah (CW 1) and Muzaffar Imam alias Mintu (CE 2) have been examined as Court witnesses but they both have deposed that they know nothing about the occurrence.