KRISHNA BIND, Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three Appellants have challenged the judgment and order dated 5th April, 1989 passed in Sessions Trial No. 94 of 1987/6 of 1987 by the learned Additional District & Sessions Judge -I, Gaya, whereby and whereunder they have been held guilty and convicted under Section 302 read with Section 149 of the Indian Penal Code and have been sentenced to undergo R.I. for life.

(2.) THE prosecution case is based on written statement of Ram Sewak Yadav, son of Keshwari Yadav addressed to the Officer -in -Charge Kurtha Police Station, Gaya. It is alleged in the written statement that on 31.10.1984 at 8:00 am while the informant was washing his face in front of his "Dalan" near a well accused Krishna Bind armed with rifle, Ram Swaroop Bind armed with Gun, Lalan Bind and Sudama Bind armed with Pasuli, Mangaru Bind and Dhramdeo Bind armed with Garasa and Chinwa Bind armed with Sword together with 4 -5 unknown persons came and they tried to forcibly enter into his house. It was protested by the informant. On protest, Appellant Krishna Bind is alleged to have fired causing injury near informant's navel and Ram Swaroop Bind fired causing injury on his buttock, as a result of which he fell down. Thereafter, they entered inside his house where no one was present. They took away a box containing 4 tola gold, 10 tola silver and Rs. 1,000/ - in cash besides some food -grain. On hue and cry, being raised co -villagers, namely Musafir Singh son of Hanuman Singh, Hapu Saw, Musafir Singh, Son of Bishun Singh and others reached at the place who had witnessed the occurrence. The accused persons thereafter fled away.

(3.) IT is worthy to mention it here that from perusal of the F.I.R., it does not appear as to how the written statement of the informant reached the police station. This question remains unanswered as to whether the informant himself submitted the written report or it was transmitted through someone else. It appears from the trend of deposition of prosecution witnesses that the injured was first taken to Jehanabad where initially he was provided with medical aid but, subsequently, he was referred to Patna Medical College Hospital, where in course of treatment he succumbed to the injury on 3.11.1984. On the same day postmortem examination was conducted on the dead body of the informant at about 3:00 p.m. in P.M.C.H.