RAMDAS DHANUK Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this appeal before us all the five appellants have been convicted and sentenced to undergo rigorous imprisonment for life also to pay a fine of Rs. 2000/- each or in default, to undergo further rigorous imprisonment for a period of one year under Section 302/34 of the INdian Penal Code (in short, 'IPC') by judgment and order dated 18.8.1997 passed by Additional Sessions Judge IX, Patna, in Sessions Trial No. 97 of 1985.

(2.) THE case of prosecution as stated in the fardbayan of informant Sakal Dhanuk (not examined on account of his death) in short, is that on 20.4.1984 at about 1.30 p.m. informant was working in his khalihan situated 50 yards north of his house in his village Ajgara Imayatpur, PS Nadaur, District Patna. At that time his minor son Anil Dhanuk aged about 8 years went to drink water at the boring of appellant Ramdas Dhanuk situate at a distance of 50 yards in north east corner from the khalihan of informant when all the appellants caught hold of Anil Dharfuk and they after assaulting and inflicting injuries on him with bricks, fists and slaps threw him in the water of boring and pressed his head with their feet as a result of which Anil Dhanuk died at the spot and thereafter, appellants fled away. Occurrence was witnessed by Sitaram Mahto (PW 1), Ram Bilas Singh (PW 2), Chamru Mahto (PW4) and others. Prior enmity is said to be the motive of the occurrence. Fardbayan (Annexure 2) of informant was recorded by SI Ram Swarath Singh (PW 5) on the same day at the place of occurrence at 18.00 hours. A formal FIR (Ext. 3) under Section 302/34, IPC was drawn against the appellants and after investigation charge-sheet against all the appellants was submitted and case of appellants was committed to the Court of Session where charge under Section 302/34, IPC was framed against all the five appellants who after trial were found guilty and were convicted and sentence as stated above.

(3.) DR. Madan Mohan Prasad Singh (PW6) in his evidence has said that on 21.4.1984 he was posted as Deputy Superintendent of State Dispensary, Barh, when he held post-mortem examination on the dead-body of deceased and found that the dead-body was of a boy aged about 8 years and the body was decomposed with rigor mortis present and he found the following ante-mortem injuries: