STATE OF BIHAR Vs. KARE SINGH

JUDGEMENT

(1.) 7th February 1997 was a very unfortunate day for Suresh Singh of Village Ramdiri P.S. Matihani District Begusarai, his informant-brother Ram Balak Singh and other family members when Dananjay Kumar Singh, 11 year old son of Suresh Singh, fell victim to assassin's bullet at 12.30 p.m. Only twelve days ago on 27th January 1997, the elder son of Suresh Singh named Sanjay Singh had been killed allegedly by the appellant. According to the prosecution the appellant had given a threat that he would not allow Shradh of Sanjay Singh to be performed. 7th February 1997 was the day when the final rites in connection with Shradh were being performed.

(2.) THE appellant has been convicted for committing the murder of Dhananjay Singh. He was earlier convicted for the murder of Sanjay Singh too. In the present case he has been awarded death sentence.

(3.) THERE is dispute as to whether fardbeyan was reckoned at 1.30 p.m. on 7th February 1997 and I would like to discuss this aspect of the case at this stage itself. According to the appellant, fardbeyan was ante timed and ante dated. It was pointed out that even though ex facie the fardbeyan is shown to have been recorded at 1.30 p.m., from the evidence of no less than the informant himself vide para 3 of his deposition, he made statement before the police at about 5.30 p.m. From scrutiny of the record I do not find any discrepancy in the prosecution case on the point. It may be recalled that the fardbeyan was recorded by ASI Radha Govind Ram. From the evidence of the Investigating Officer, SI Harendra Singh, it appears that at 10 a.m. on the date of occurrence i.e. 7th February 1997 he went to attend the Crime Meeting at Begusarai. He learnt about the occurrence after the meeting. He in fact learnt that the dead body was at Begusarai Sadar Hospital for post-mortem. He went to the Hospital at 5.30 p.m. He found that the dead body had been taken away a little earlier after post-mortem. He then proceeded to Ramdiri. He found that the fardbeyan had already been recorded by ASI Radha Govind Ram. He had also held inquest on the dead body and prepared the inquest report and the Post-mortem Challan on the basis of which the dead body was sent to Hospital for post-mortem. At 5.40 p. m. he recorded further statement of informant Ram Balak Singh. This sequence of events is also borne out by the case diary. Thus when Ram Balak Singh stated about making statement at "about 5/5.30' O'clock", obviously he meant his further statement. This becomes clear from the fact that in para 3 he stated to have made statement before a Sub Inspector {'Darogaji'). Radha Govind Ram who had recorded the fardbeyan was of the rank of Assistant Sub Inspector. Thus I do not find any contradiction as regards timing of the fardbeyan as recorded therein and the informant's evidence in Court.