CHANDRA KESHWAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN Cr. Appeal No. 391 of 1989, Chandra Keshwar Choudhary and Subas @ Subhash Choudhary happen to be appellants out of whom Chandra Keshwar Choudhary died and accordingly vide order dated 19.03.2012 the instant appeal against him has been held to be abated.

(2.) IN Cr. Appeal 405 of 1989, Jagdish Choudhary, Surendra Choudhary and Birendra Choudhary @ Bijendra Choudhary happen to be appellants. Both the appeals have been preferred against the common judgment of conviction and sentence dated 29th August 1989 delivered by 2nd Additional Sessions Judge, Bhojpur at Ara, hence there has been analogous hearing and are being decided by a common judgment with the consent of the respective counsels.

(3.) MANY fold arguments have been advanced on behalf of appellant-convict while assailing the judgment of conviction and sentence. The first and foremost ground is that the alleged occurrence has been shown on 25.01.1980 at about 3:00 P.M. and none of the injured nor their family members have tried to contact the police officials. It is evident from the evidence of PW-8, I.O that after registration of Udwant Nagar P.S. Case No. 12 of 1980, he came at P.O. and during inspection of the P.O. he met with injured and got Fardbeyan recorded. So submitted that remaining at place of occurrence for six hours without approaching the police as well as without seeking any medical aid makes the whole situation, un-kempt, umbrageous more particularly in the background of the facts that informant, P.W-2 had clearly stated that the condition of Lalmohar Choubey was critical and was unconscious. At this moment, It has further been added that the FIR was received at the office of Chief Judicial Magistrate on 28.01.1980 without having any explanation at the end of the prosecution. This aspect is going to suggest that the FIR is ante-dated and been registered only to make out a defence case to counter meet with Udwant Nagar P.S. Case No. 12/1980 registered at the behest of one of the appellants.