BUNNI LAL CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALLEGING a previous incident, of which the subsequent incident was a fall out, prosecution case, as set out in the fardbeyan of Yogendra Raut (PW 10), was that as a sum of Rs. 700/ - had remained due on purchase of she -buffalo, by his relation from Sattan Chaudhary, Maniraj Chaudhary took him to his house for payment of balance of consideration money. Since he could pay only Rs. 400/ - with balance of Rs. 300/ - to be paid in future, Maniraj Chaudhary took out a country made pistol, pursuant to which he raised alarm. His family members came for rescue and took him to house. After about an hour, the father and also Shambhu Raut, the deceased brother, after taking meal, set out for the cattle shed. He too followed them and shortly thereafter, only after they had covered some distance, Bunnilal Chaudhary, Magister Chaudhary, Jagdish Chaudhary, Maniraj Chaudhary, Birendra Chaudhary, Dashrath Chaudhary, Naresh Chaudhary, Rajdhari Chaudhary and Amarjit Chaudhary came variously armed with weapons and encircled them. When Shambhu Raut ran for escape, he was chased by all of them who caught hold of him near house of Ambika Ram, Pursuant to which Bunnilal Chaudhary pierced a dagger near upper left chest, and when father came for rescue, Magister Chaudhary too dealt blows with a dagger on his head. A large number of persons on alarm had thronged to the place of occurrence. Shambhu Raut on sustaining injuries had dropped near the house of Ambika Ram with bleeding wounds, and was carried to Dr. Mahesh Singh on a cot, who declared him dead. The dead body was brought to the police station where fardbeyan of Yogendra Raut was recorded at 21.45 hrs. on 13th December, 1994. A police case had been registered and investigation followed. Statement of witnesses were recorded, place of occurrence was inspected by the Police Officer, inquest report over the dead body was prepared and also post mortem over the dead body was held. The investigation had concluded, pursuant to which charge sheet was submitted before the Court.

(2.) DURING trial, 12 witnesses were examined by the State including father, brother and sister of the deceased. Though the Investigating Officer was not examined at trial, the State with the aid of examination of Ugendra Kumar Singh (PW 12) had brought on the record, fardbeyan First Information Report, inquest report and also police case diary on record. The State had also examined Dr. Vijay Kumar (PW 11) who stated to have held autopsy over the dead body of the deceased. A good number of witnesses examined by the State had, however, turne volte face to the State.

(3.) SINCE manifold contentions were canvassed at Bar on behalf of the appellants to assail the findings recorded by the Court below, lest we do not loose sight of them, firstly we wish to critically analyse testimony of witnesses on the anvil of reliability, credibility, and probability of their being competent witnesses. Those who claimed to be ocular witnesses to the incident at trial, are Brahmdeo Raut PW 5), Ram Nath Bind (PW 7), Nirmala Devi (PW 9) and Yogendra Raut (PW 10). Reiterating his earliest version about subsequent event that took place at about 8.45 p.m. Yogendra Raut (PW 10) who was maker of fardbeyan, states that after he along with his father, sister. Ram Nath, Harishankar and the deceased brother set out for the cattle shed after taking meal, they were intended to be assaulted in the midway by the appellants, when they ran towards north. Shambhu Raut, however, ran towards west and hardly he could reach near the door of house of Ambika Ram, that he was apprehended by Bunnilal Chaudhary who stabbed him on left side of the chest. His father came for rescue. It was Magister Chaudhary who dealt blows with dagger on his head. Though injured was rushed to Dr. Mahesh, he was declared dead. He took the dead body to the police station where his fardbeyan was recorded by the Police Officer. In the following morning, the dead body was sent to mortuary for post mortem examination.