VIRENDRA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE twoappellants before us were tried by the presiding officer -cum -Additional Sessions Judge, F.T.C. -IV, Motihari, East Champaran for charge under Section 302/149 of the Indian Penal Code along with three others, namely, Shankar Ram son of Rajendra Ram, Rameshwar Ram @ Ishwar Ram and Surendra Ram. In trial, plea of juvenility of accused Surendra Ram was accepted and his enquiry was transmitted to the appropriate authority. The trial was left in respect of remaining four accused persons out of whom accused Rameshwar Ram died and the trial as against him was dropped by the lower court by its order dated the 30th January, 2003, leaving three accused, Virendra Ram, Raj Kumar @ Baharan Ram, and Shankar Ram on the day of judgment dated 15.7.2004, which was passed in Sessions Trial No. 567 of 1992. One of the three, namely, Shankar Ram had absented and the judgment of conviction was pronounced by the trial judge in his absence against two appellants and on account of absence of Shankar Ram till date the sentence was passed only against two appellants on 16.7.2004 and both of them were directed to suffer rigorous imprisonment for life on account of being held guilty by order of conviction earlier passed on 15.7.2004. The appellants challenged their conviction and the sentence passed against them by preferring the present appeal.

(2.) THE prosecution case emanates from Ext.4, the fardbeyan of Mala Devi (P.W.4) in which she stated that on 15.3.1992 when her husband, Shankar Ram (deceased) was at his Darwaja, the five accused persons were confronted by him by being asked as to why they were misbehaving with the women folk of the village and why they were insulting them. The deceased was further alleged to have stated to the accused persons that on being confronted by him, they were abusing not only the deceased, but also his wife (P.W.4). It is alleged that as soon as the deceased spoke the above words to the five accused persons they shouted and hurled abuses upon him. In the meantime, the accused Surnedra Ram (since absconding) came there from somewhere with a Gupti (a long sharp pointed weapon which has sharp cutting edges on its two sides). The remaining accused persons also caught hold of the deceased by surrounding him and accused Surendra Ram pierced his Gupti in the chest of the deceased as a result of which the deceased fell down on the ground and was wreathing in pain. The occurrence was witnessed by Bharat Ram (P.W.3), Geeta Devi (P.W.1), Asha Devi (P.W.2) and many others, with the help of whom the informant brought her injured husband for treatment to Motihari Sadar hospital. The doctor declared him dead.

(3.) THE statement of P.W.4 was recorded at Sadar hospital, Motihari which has been marked, as indicated above, Ext.4 and on that basis first information report of the case Ext.6 was drawn up by P.W.8, Ram Lalit Singh on 15.3.1992, who himself took up the investigation of the case.