RAM BACHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOR causing death of Radhe Shyam Mahto by firing upon him, appellant Manoj Kumar was convicted under section 302 of the Indian Penal Code (the Code, in short) whereas appellants of Criminal Appeal nos. 284 and 296 of 2000 were convicted under section 302 read with section 34 of the Code, all sentenced to imprisonment for life. Appellant Manoj Kumar was further convicted under section 27 of the Arms Act and, sentenced to rigorous imprisonment for ifive years, both sentences in his case to tun concurrently.

(2.) THE case of the prosecution, as revealed in the fardbeyan of Madan Prasad (P.W. 4), father of the deceased, which is Exhibit -5, briefly stated is that at about 7.30 P.M. on 10.12.1995 while he was in his shop situated at his Darwaza, all the appellants came and Manoj Kumar demanded half kilograms of sugar candy (Misri) but when the informant weighed the entire sugar candy available with him that came to only 125 grams which he gave to Manoj Kumar but he refused to pay the amount because of short supply. Other three appellants asked the informant to give the sugar candy assuring that the price would be paid. At that time Radhe Shyam came there and enquired as to what was going on at which Manoj Kumar turned, and abusing him told that even though sugar candy was supplied short to him, price was being demanded and threatened that he would kill them. Radhe Shyam replied that though they had not done anything wrong, but if he wanted to kill them he could do so. On that Manoj handed over the sugar candy to his brother, appellant Ram Bachan Prasad, took out a pistol from his waist and fired at the chest of Radhe Shyam who fell down. The informant caught hold of Manoj Kumar but other three appellants exlrictated him from the grip of the informant and all fled away

(3.) NOW coming to the evidences, P.W. 2 (Kusum Kumari, daughter of the Informant), P.W. 3 (Shyam Pari Devi, wife of informant) are eye -witnesses besides the informant. PW. 1 and PW. 6 are formal witnesses and P.W. 7, Anju Devi is wife of the deceased who has lent a supporting hand to the prosecution though did not claim to be a witness to murder. P.W, 8, Dr. Mukesh Kumar Singh had conducted the post mortem, whereas P.W. 9, Ramesh Kumar Sharma, was the Investigating Police Officer.