GANESH SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant stands convicted for an offence under Section 302 of Indian Penal Code and is sentenced to rigorous imprisonment for life by the Additional Session Judge VII, Rohtas at Sasaram by judgment dated 30th November, 1988 passed in Sessions Trial No 319/19 of 1984/88.

(2.) The prosecution case starts with the Fardbayan of Raghubir Ram, the village Chaukidar on basis whereof the first information report is instituted at about 10 pm at Nokha Police Station, District - Rohtas on 16.02.1984. The first information report is Exhibit-5. The Chaukidar is P W 12. He states that late in the evening of 16th of February, 1984, while he was at home, he heard a gun fire shot from some distance. He rushed and at some distance from the village found a dead body with extensive bleeding. He identified the dead body to be of Lalan Singh. There were large number of people assembled there and he asked them as to what had happened. No one disclosed anything. He went to the house of Lalan Singh and found all the family members mourning the death of Lalan Singh. He enquired as to who killed Lalan Singh but no one disclosed anything. He then comes to Nokha Police Station which is about 10 kilometres away from the village and his Fard bayan is recorded and registered as the first information report. The first information report is, thus, against unknown for the death of Lalan Singh by gun shot. Next morning, at about 6 am, that is the morning of 17.02.1984, inquest report is prepared, the reason of death is gun shot injury.

(3.) The body is sent for post mortem and post mortem is done at 11 am. The post mortem report is Exhibit-2. Let it be noted that the doctor, who performed post mortem, was not available for examination as he was reported dead. Post mortem report discloses that on the right side of the back, there was an entry wound measuring about half inch. On the left side of the lower abdomen, there was an exit wound measuring 2"x1-1/2". Several internal organs have been damaged on way between the entry and the exit. On 18th February, 1984, one Baban Singh (P W 10), the brother of the deceased gave a blanket and a pair of socks to the police which have been marked as Material Exhibit-1. In the deposition of Baban Singh, who has been examined as P W 10 and is not an eye witness, he has stated that this is the blanket and the socks of the assailant abandoned and recovered from a village temple in the morning of 17th of February, 1984.