DABLOO RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant, Dabloo Ram stands convicted under Section 302 of the Indian Penal Code (the Code, in short) and sentenced to undergo rigorous imprisonment for life, further sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act, both sentence ordered to run concurrently.

(2.) THE informant, Raj Kishore Mandal is the son of the deceased Bhama Devi and, in the first information report dated 19.1.1997 recorded at 4.45 p.m. narrated, in brief, that on the same day at about 3.00 p.m. while his mother was sitting on the verandah of his neighbour Sitaram Mandal, outside his house, talking with Radha Devi (PW 2) and another women, he came out of his house to call her to take meal and then he saw that the appellant was standing before his mother with a country made pistol in hand from which he fired hitting in the chest of the mother who fell down, writhing. Dabloo Ram fled towards Anjuman Masjid Road, chased by the informant and others of the mohalla who caught Dabloo Ram with a country made pistol loaded with an empty cartridge. The mother, thereafter, was taken for treatment by informants brother, Nand Kishore Mandal (PW 1) and others of the mohalla whereas the informant, PW 8 Amar Kumar Mandal, his nephew and others produced the appellant at the police station with the fire arm. The first information report also mentions that while the same was being written, Nand Kishore Mandal came from the hospital informing that mother had died. The informant did not know about any quarrel or about any reason for which the appellant might have killed his mother. A total of nine witnesses were examined in the case, PWs 6 and 9 being formal witnesses and PW 7, Braj Nandan Singh, being the Investigating Police Officer. PW 5, Dr. Sudhir Kumar had conducted post -mortem upon the dead -body. Out of the rest of the witnesses informant, PW 3, and PW 2, Radha Devi are said to be the witnesses of the occurrence with PW 2 narrating the entire episode. PW 1, PW 4 Gopal Prasad Mandal, a student, and PW 8 are the witnesses who had come just after occurrence and had chased the appellant and also supported the prosecution case as to how he was caught after chase.

(3.) FIRST , the evidences of the witnesses who have lent a supporting hand to the prosecution story, may be seen. PW 1, another son of the deceased, came out of his house, he having given in the evidence that the brothers were living at nearby places, on hearing firing sound and when he reached near his mother, saw the appellant fleeing away and the informant chasing him. This witness also chased and the appellant was caught with pistol whereafter he came back to the house and took the injured to the Munger hospital where, soon after, she died after which he went to the police station to give informant of that to the informant. He also proved his signature over the seizure list (Exhibit -1). This witness has extensively been cross -examined about the incident and the topography of the place but he appears to have well withstood the test of cross -examination.