ANIRUDH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH prosecution was launched against four persons including Ajay Yadav, Sukhram Yadav, Shiv Ram Yadav and Anirudh Yadav, the Police on conclusion of investigation, laid charge sheet only against the Appellant, who on being put on trial, suffered conviction under Section 302 of the Indian Penal Code (IPC) simpliciter and was sentenced to suffer rigorous imprisonment for life.

(2.) AT the outset, we may refer to salient feature of the prosecution case ordering round the incident in question. Factual matrix emerging from the fardbeyan of Awadh Kishore Prasad Singh (P.W. 9) and also the narrations made by the witnesses at trial was that shortly after Parshuram Prasad Singh had proceeded for Chhatarpur for asking the bataidar for cutting rie from his field, Awadh Kishore Prasad Singh was informed by Virbhadra Kumar that Parsuram Prasad Singh was being assaulted by four persons in the midway of Nirpur and Chhatarpur. It was alleged that when Awadh Kishore Prasad rushed there, he noticed Appellant and three others making good their escape after cutting neck of his son Parshuram, and on alarms raised by him, those who collected were Randhir Kumar, Dani Kumar and others who too noticed the incident. The motive assigned for killing of Parshuram Singh was land dispute between the deceased and sons of Ram Saran Yadav, father of Sukhram Yadav and Shivram Yadav. It appears that the father of the deceased, who set the criminal law in motion and instituted a Police case, had rendered his fardbeyan before the Police. During usual investigation, the Police visited the place of occurrence, recorded statement of witnesses, seized blood stained earth from the place of occurrence, prepared inquest report over the dead body of the deceased, sent the dead body for post mortem examination and on receipt of report, having concluded investigation, laid charge sheet before the Court only against the Appellant showing investigation pending against others. In the trial that commenced, the State examined altogether 12 witnesses, who are father of the deceased, villagers, the doctor who held autopsy over the dead body of the deceased, Police Officer and also some of those who turned volte face to the State at trial.

(3.) DR . Krishna Kishore Sinha (P.W. 10) stated to have held autopsy over the dead body of Parshuram Singh and the doctor stated to have noticed following ante mortem injuries on his person: