RAMESH DHOBI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants have preferred these appeals against their conviction for the offence punishable under Section 302/34 I.P.C. and sentence to undergo imprisonment for life and to pay fine of Rs. 2,000/- each in default, to undergo simple imprisonment for six month.

(2.) According to the prosecution, on 18th July, 1989, at about 6 p. m. informant Ashok Kumar Choubey (P, W. 1) along with Raju Sharma (the deceased), Papu Kumar Gupta (P. W. 2), Raju Ranjan Singh (P. W. 3) and Raman Singh visited tea shop of one Madan Chaiwala (P. W. 10) situated on Radium Road, Ranchi. After having tea all the five left and reached near Mahabir Hotel. It was 6.15 p.m. At that very time appellants Sanjay Kedia and Ramesh Dhobi along with an unknown person arived there on a scooter. Stopping the scooter, they called Raju Sharma near Madan Hotel. As soon as Raju Sharma reached near them appellant Sanjay Kedia abused him and ordered for killing him. On his such order his unknown associate took out a pistol and shot at Raju Sharma, who fell down injured. The informant and his companions rushed to rescue the injured. In the meantime, those three fled away loading another cartridge in the pistol and leaving behind their scooter. Injured Raju Sharma was removed on a tempo to Bariyatu Hospital. But he never regained conciousness. Fardbeyan of Ashok Kumar Choubey was recorded by Assistant Sub-Inspector of Police, Mutntaj Ali (P. W. 11) at 10.30 p. m on the same date in the hospital. Injured Raju Sharma succumbed to his injury at 2 a. m. on the same night.

(3.) According to the fardbeyan the occurrance took place because two days before the occurrence on 16-7-89, Raju Sharma had kept the key of the scooter of Lakshmi Kedia, a brother of appellant Sanjay Kedia, as Lakshmi Kedia had refused to take Raju Sharma on his scooter to latter's house.