KAPIL RAJWANSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SHEET anchor of the prosecution case was that Deokinandan Prasad, while fighting losing battle for his life rendered a fardbeyan in which he stated Kapil Rajbanshi (hereinafter referred to as the 'appellant ') as the assailant. Shorn of details, prosecution case appearing adverse to the appellant rests on the testimony rendered by the deceased at about 21.45 hours at Rajgir Referal Hospital on 20th March, 1983, with accusations, that at about 7 p.m., on the day, when he was at his house, Ramji Prasad came and took him in his company for an urgent work, and shortly after they reached near house of Khubal Pasi, said Ramji Prasad asked him to liquidate dues and when he expressed his inability due to financial restraints, on exhortation made by said Ramji Prasad, the appellant, who too was there, lobbed a bomb on his back when he dropped injured on the ground. Narrations made by witnesses examined at trial do suggest that the injured was shortly taken to Rajgir hospital where his statement was recorded by Police Officer, and as the injured was bleeding profusely, and was in precarious condition, he was to be taken to Patna for further treatment and hardly they had reached near Silao, that the injured succumbed to the injuries.

(2.) AFTER Police was set in motion, pursuant to the recording of the fardbeyan of Deoki Nandan Prasad, investigation commenced, during which the Investigating Officer visited place of occurrence, recorded statement of witnesses, on return of the dead body of Deoki Nandan Prasad from Silao, prepared inquest report sent dead body to mortuary for post mortem examination, and on conclusion of investigation, laid charge sheet before the Court. In the eventual trial that commenced, the State examined altogether eight witnesses including father and brother of the deceased, other witnesses who claimed to be familiar with the incident, the Police Officer and also the doctor who carried out autopsy over the dead body of the deceased.

(3.) LEGALITY of the findings recorded by the trial court is sought to be assailed by the learned counsel for the appellant on various grounds and before we take them into consideration, we consider it proper to make analysis of the testimony of witnesses, on which reliance was placed by the court below for finding the appellant guilty on these two counts.