RAM KHELAWAN MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant suffered conviction under Sections 302 and 307 of the Indian Penal Code (IPC) on being tried by the additional Sessions Judge 1st, Gaya, and was sentenced to suffer rigorous imprisonment for life and for a term of seven years on these counts respectively with a direction that both the sentences shall run concurrently.

(2.) THE factual matrix of the case depicts killing of Surendra Mistri on a most trivial domestic issue which usually happens in families. It is alleged that on 1st of April, 1992, when Surendra Mistry came to the house of the appellant to take his sister Meena Kumari (PW 2) to his house on occasion of Chhath festival, the appellant resisted his proposal. It was alleged that the appellant wanted to permit Meena Kumari to go to the house of her parents only after harvesting of the crops, which was going on in the field, was over. An altercation ensued between appellant and Surendra Mistry and it is alleged that when Meena Kumari expressed her willingness to go with her brother. the appellant inflicted a blow with farsa on her person causing bleeding injury on her neck and cheek. When the deceased came for rescue of his sister, who had suffered sharp cutting injury at the hands of the appellant, it was alleged that the appellant dealt severe blows on him causing sharp cut injuries on his neck and before any medical aid could be made available to Surendra Mistry, he succumbed to the injuries and with these narrations made by chaukidar Gopal (PW 5), First Information Report was drawn up at Sherghati Police Station by Jainath Singh, Sub -Inspector of Police, who happened to be PW 7 of the case. After the Police was set in motion, investigation commenced and in the process of investigation. Police Officer recorded statement of witnesses, visited place of occurrence. prepared inquest report of the dead body of the deceased, sent the dead body to mortuary for post - mortem examination and on receipt of post mortem examination and on receipt of post mortem report and conclusion of investigation, eventually laid charge -sheet before the court and the appellant on being committed to the Court of Session was put on trial. In the eventual trial. prosecution examined altogether eight witnesses including injured Meena Kumari, doctor, Police Officer and also other witnesses and the trial court on appreciation of evidences placed on record, finding the appellant guilty rendered verdict of guilt and sentenced the appellant in the manner stated above.

(3.) MANAGER Bhuiyan (PW 3) was tendered by the prosecution and there was nothing material in his evidence to merit consideration. PW 4 too was declared hostile to the State and his attention too was drawn towards his early statement made before the Police which was never put before the I. O. when he was in dock. Gopal Paswan (PW 5), who was chowkidar of the halka, stated to have submitted a written report to the Police on receipt of information about killing of Surendra Mistry in village Anugrahi. He would reiterate his version rendered before the Police in his early statement. Dr. Kapildeo Prasad (PW 6) stated to have held autopsy over the dead body of Surendra Mistry when he noticed incised wound of 3" x 2" x 3" over right side of the neck. The wound was directed downward and towards left side. The injuries found on the person of the deceased in the estimation of the doctor was ante -mortem and grievous in nature which was produced by sharp cutting weapon. Death in the opinion of the doctor was due to shock and haemorrhage due to the injuries noticed on the person of the deceased. Jainath Singh, Sub -Inspector of Police (PW 7) stated to have drawn up First Information Report, on the statement of the chaukidar of halka, pursuant to which investigation was carried out by him. He stated to have visited place of occurrence which was a field in which wheat crop had been planted and in the adjacent field which was onion field of Tejan Yadav. there were marks of trampling by foot -prints. He stated to have recorded statement of witnesses, collected blood stained earth from the place of occurrence, prepared inquest report over the dead body of the deceased and on receipt of post mortem report. laid charge -sheet before the Court. Evidence of PW 8 Mohan Prasad. who was an advocate clerk, was formal in nature and he brought on record. injury report Exhibit 5. This is all the evidence that has been adduced on behalf of the prosecution.