MANOJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Manoj Kumar has been convicted under Section 302 of the Indian Penal Code and 27 of the Arms Act by judgment dated 7th April, 2006 passed by Additional Sessions Judge, Fast Track Court No.IV, Nalanda at Bihar sharif in Sessions Trial No. 544 of 2001/64 of 2005 and has been sentenced to undergo rigorous imprisonment for life for offence under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for six months for offence under Section 27 of the Arms Act. Both the sentences have been ordered to run concurrently.

(2.) RAKESH Kumar, brother of the deceased, has given his fardbeyan at hishouse in his village Pachwara, P.S. andDistrict Nalanda at 5.00 A.M. on 27th June,2001 that in the preceding night he wassleeping in the room situated at the roof ofthe house. His sister Bibha Kumari aged about16 years went to sleep in her southern room,as usual, after taking dinner. His auntPratima Devi, wife of Rajendra Prasad andher daughter Anju Kumari aged about 17years, cousin sister of the informant, alsowent to sleep in their house. At about 1.00A.M. in the night, informant's cousin sisterAnju Kumari came out from her room to attendthe call of nature and she noticed a personstanding near the door of southern room. Shecried and on her alarm, the informant came.Pratima Devi also came out from her room andnoticed the appellant standing at the door ofinformant's sister. On their alarm, appellantManoj Kumar entered into the room ofinformant's sister Bibha Kumari because thedoor was open at that time. Appellant ManojKumar bolted the door from inside afterentering into the room. Villagers Naresh Singh, Prakash Singh and others arrived onhearing alarm and they tried to get the dooropened but the door was not opened. BibhaKumari was also trying to open the door butappellant was protesting. Meanwhile, at about1.30 A.M. in the night informant and othersheard sound of firing from inside the roomand thereafter no sound of Bibha Kumari washeard. Informant suspected that appellantManoj Kumar has killed Bibha Kumari by usingfire arm. The information was sent to police.Thereafter, the police came and fardbeyan ofthe informant was recorded which resulted inthe present case i.e. Silao (Nalanda)P.S.Case No. 255 of 2001) against theappellant.

(3.) THE prosecution has exhibited some documents also. Ext.1 is the signature ofGovind Prasad on the seizure list. Ext.2 issignature of Govind Prasad on the Inquestreport. Ext.1/1 is signature of Naresh Singhon the seizure list. Ext.3 is signature ofRakesh Kumar on the fardbeyan. Ext.4 isfardbeyan in the writings and signature ofS.I.Jagdish Upadhaya. Ext.5 the Inquestreport is in the writing and signature ofS.I.Jagdish Upadhaya. Ext.6 is seizure listwhich is in the writings and signature ofS.I.Jagdish Upadhaya. Ext.6/1 is signature ofManoj Kumar on the seizure list. Ext.7 is thewritings and signature of Jagdish Upadhaya onthe Memo. Ext.7/1 is writing and signature ofSergeant Major Rajendra Prasad. Ext.8 issanction order of the District Magistrate,Nalanda. Ext.9 is post mortem examinationreport in the writings and signature ofDr.S.B. Sharan. Ext.4/2 is the endorsement on the fardbeyan by Sri Shashidhar Upadhaya.Ext.10 is the signature of Shri ShashidharUpadhaya on the formal F.I.R.