MANOJ KUMAR ALIAS FANTUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Manoj Kumar alias Fantus and Pravin Kumar alias Munna have come to this Court against their conviction under Section 302/34 of the Indian Penal Code and sentence to undergo rigorous imprisonment for life passed by the 4th Additional Sessions Judge, Gaya.

(2.) In short, the prosecution case is that & fardbeyan (Ext. 1) had been given by Raghunandan Prasad (P.W. 1) the father of the deceased Dhiraj Kumar, to Ram Anugrah Prasad Singh, the first Investigating Officer (P.W. 3) on 26-4-1987 at about 8 P. M. in Railway Quarter No. 481-A, Marshally Yard, P. S. Delha, District-Gaya who had reached the place of occurrence on hearing the sound of gun fire at the police station. In the fardbeyan which was recorded immediately after 15 minutes of the occurrence. The informant Raghunandan Prasad (P.W. 1) gave out that he along with his son Dhiraj Kumar (deceased and daughter Kiran Kumari (P.W. 2) was viewing T. V. in his quarter at about 7.45 P. M. The main gate of his quarter was opened. Four persons entered through the main gate of the quarter at that very time they began to pull Kiran Kumari by catching hold of her hands which was resisted by her brother, the deceased who was also dragged by them. Among them, Fantus son of Babban and Munna elder son of Babban were identified and the rest two others could not be identified by the informant. Then Fantus and Munna fired each, hitting in the head of the victim who died at the spot. One day prior to the alleged occurrence i. e. on 25-4-1987, accused Munna had also challenged the deceased Dhiraj Kumar telling that he was proving himself a Gunda and he would see to it. It is alleged that there was also come quarrel between the brother of the accused' Pawan Kumar and the deceased Dhiraj Kumar on account of cricket playing. On the basis of the said fardbeyan (Ext. 1), the First Information Report (Ext. 4) was registered at the same night at about 11 P.M. by one Munshi Gangeshwar Prasad and was signed by Akshay Kumar Singh, S. I. (P.W. 4). The investigation of the case was taken up by Ram Anugrah Prasad Singh the first Investigating Officer, (P.W. 3) who recorded the fardbeyan and prepared the inquest report (Ext. 3). He found sufficient blood and prepared the seizure list (Ext. 2). He got the post mortem report on 30-4-1987. On 8-5-1987 warrants were issued against the accused persons. It is said that the informant filed a complaint against Ram Anugrah Prasad Singh, (P. W. 3) to the higher authorities alleging therein that he had not recorded the statements of the witnesses correctly so the charge of the case was taken from him on the telephonic order of the Superintendent of Police and Akshay Kumar Singh (P. W. 4) was made incharge of the case, who after completing the investigation, submitted the charge sheet against these appellants.

(3.) The accused in their defence have denied the prosecution case and alleged that they have been falsely implicated in this case. The suggestions to the witnesses were that there was no quarrel between the deceased and Pawan Kumar, the brother of the appellants, that there was no light at the place of the occurrence and so, there was no means of identification and the appellants have been implicated on account of some departmental quairels between the informant and the father of the accused appellants. No witness in defence has been examined.