STATE OF BIHAR Vs. BINOD PRASAD

JUDGEMENT

(1.) FACTS of the case are to short for elaboration. As assembly elections in the year 2000 was to be held, polling booths had been established at Circle Officer, Dumra. Pramod Kumar, brother of deceased Sujit Kumar alias Pappu, who was appointed as Polling agent, visited polling booth in the company of his brother Sudhir Kumar at 10.30 a.m. on 22nd February, 2000 and took his younger brother Sujit Kumar alias Pappu for having breakfast in the nearby hotel. Allegedly all of them took breakfast in Bombay Hotel which situates in Station Road, Sitamarhi, and shortly after they left the premises and had reached near Bajrang Petrol Pump, he noticed Mithilesh Thakur, Binod Prasad and Dinesh Prasad along with two unknown persons, when on exhortation made by Binod Prasad, Mithilesh Thakur pumped bullet on the person of Pappu who instantaneously dropped on the ground. Though assailants and his companion were given good chase, but they managed good their escape.

(2.) THE injured was carried to HMT hospital, Sitamarhi where after primary treatment, Dr. Ramakant Singh, considering seriousness of injuries, advised them to carry the injured to Muzaffarpur for better treatment. Acting on the advice of the doctor, it is alleged that while the injured was being taken to Muzaffarpur, and hardly they had reached a little distance from Runisaidpur, the injured succumbed to injuries. However, before the injured succumbed to the injuries, while fighting losing battle for his life, he disclosed complicity of the assailants and his associates to his neighbour Shibu Khan and Shankar Prasad. Motive that allegedly mobilised the assailants and their associates to execute killing of the deceased was past animosity. The fardbeyan of the brother of the deceased with these accusations was recorded by S.I. K.K. Singh, Officer Incharge of Mehsaui Chowk at the residence of the deceased at 16.30 hours on 22.2.2000, pursuant to which first information report was drawn up and investigation commenced, and in the process of investigation, Investigating Officer recorded statement of witnesses under Section 161 of the Code of Criminal Procedure, prepared inquest report over the dead body of the deceased, sent the dead body to mortuary for post -mortem examination, and on receipt of post -mortem report, laid charge - sheet before the Court.

(3.) TO begin with the findings recorded by Dr. Ramakant Singh (PW 8), who had given primary treatment to the injured, the doctor had noticed that the patient was in shock and his condition was serious. The doctor in view of seriousness of the injuries had referred the injured to Muzaffarpur for better treatment. Dr. Yogesh (PW 10), who held autopsy over the dead body of the deceased, had noticed two firearm wounds on the abdominal region, which were wounds of entry and also exit. The doctor noticed fracture of lumber vertebra, and in opinion of the doctor, cause of death was haemorrhage and shock as a result of injuries caused by firearms. The doctor was firm in his opinion that the moment lumber vertebra gets fractured, sensation to the brain is affected, if spinal cord too is affected.