BBHARAT PRSAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The batch of four appeals is directed against the judgment of conviction dated 20th August, 1988 passed by the learned 06th Additional Sessions Judge, Ara in Sessions Trial no. 264 of 1982 by which appellant Gopal Prasad @ Gopal Prasad Gupta was found guilty of committing offences under Sections 148 and 302 of the Penal Code and was directed to suffer rigorous imprisonment for life as also for two years under those respective Sections of the Indian Penal Code. The remaining appellants were found guilty under Sections 302/149 of the Penal Code and they were also directed to suffer rigorous imprisonment for life. Ratan Prasad @ Ratan Prasad Gupta and Kanhaiya Pd. Gupta, were also found guilty of committing offence under Section 148 of the Indian Penal Code along with Gopal Prasad @ Gopal Prasad Gupta and the same sentence of rigorous imprisonment for two years was inflicted on the above two appellants. The remaining four appellants were found guilty of committing offence under Section 147 of the Penal Code and each of them was directed to suffer rigorous imprisonment for one year. Four other accused persons, namely, Md. Juhur Mian (since dead) Sumeshwar Prasad @ Sumeshwar Prasad Gupta (since dead), Ratan Prasad @ Ratanji and Bharat Prasad Gupta were also found guilty for committing offence under Section 323 of the Penal Code and each of them was directed to suffer rigorous imprisonment for three months for their respective convictions under that particular offences.

(2.) The incident occurred on 28th October, 1980 at about 9.00 A.M. for which the fardbayan was lodged by Sri Krishna Lal Gupta (P.W.4). It was stated by him that at about 9.00 A.M. he was at his sweet meat shop situated at Ram Rekha Ghat, Buxar and they were selling different articles. In the meantime, some customers came there to take some sweets. The father of the informant requested the customers to come inside his shop. The appellant Bharat Prasad Gupta asked them to come into his shop. It gave rise to a heated exchange of words between appellant Bharat Prasad Gupta and Radhey Shyam Gupta, father of the informant, and, in the meantime, remaining appellants armed with bhala, Chhura or lathi came there and started hurling abuses. The deceased, Radhey Shyam Gupta, was assaulted by the appellants. The deceased wanted to run away from the shop but appellant Gopal Prasad Gupta gave a bhala blow to Radhey Shyam Gupta as a result of which he fell down on the ground. Appellant Gopal Prasad Gupta, thereafter, gave two three repeated blows with bhala to the deceased whereas other appellants who were armed with lathi and Chhura, also assaulted the deceased. It was alleged that appellant Rameshwar Sao, who has been described as Rameshwar Prsasad @ Rameshwar Ji in the present set of Criminal Appeals, dealt incessant lathi blows to the deceased. The informant wanted to intervene and he was assaulted by the appellant Md. Juhur Mian and Ratan Sao on his arm and legs as a result of which the informant was also injured. The informant raised hulla and that attracted the neighbouring shop keepers, Shambhu Sao (not examined), Basantu Sao (not examined and reported dead) and others upon which the accused persons ran away from there. The informant stated that he along with others brought his badly injured and bleeding father to Buxar Hospital for treatment but he breathed his last on way to the Hospital.

(3.) On the basis of fardbayan (Exhibit-B) the first information report of the case (Exhibit-1) was drawn up and it appears that investigation was taken up. The Investigating Officer has not been examined and as such we do not know as to how did the investigation proceeded in the case. But, we find that inquest was held and inquest report (Exhibit-6) was prepared and that indicates that the dead body had been sent for post mortem examination. The doctor has not been examined and as such we cannot say as to what was the opinion of the doctor as regards the injuries which could be present on the dead body and the cause and time of death but this much is clear that Radhey Shyam Gupta had died on account of some injuries as a result of which conducting of post mortem examination was necessitated. We find, lastly, that the Police had found a case which was fit to be sent up for trial by the trial court.