PRABODH KUMAR DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13th August 1991, passed by Sri A.K. Verma, 6th Additional Sessions Judge, Arrah, in S.T. No. 195 of 1984, whereby and where- under, the appellants were convicted under Section 307/34 of the Indian Penal Code and were sentenced to undergo R.I. for seven years each.

(2.) The case of prosecution, as projected through the fardbeyan of the choukidar, Bachu Rai, which was recorded by S.I. Sri T.L. Srivastava on 25th March 1981 at 10.00 p.m. at Sriplapur Mela, was that the informant who was deputed on Mela duty reported to him at 10.00 p.m. that one Akshey Kumar of village Sripalpur had received fire-arm injuries, when he returned home from the Mela. He further learnt that his family members had carried him to Arrah Hospital on a Jeep. Akshay Kumar was having land dispute with his collateral Prabodh Kumar Dubey over which litigations were pending in the Courts. The concerned choukidar failed to give name's of the assailants. Later, the names of the accused-appellants transpired from the so called fordbeyan of the injured, recorded by one A.S.I.R.B. Yadav of Pirbahore P.S., Patna, on 31st March 1981 at 6.00 p.m. Thereafter, the injured was referred by Arrah Hospital to P.M.C.H., Patna. It was also the case of the prosecution that the injured was unconscious on the date of occurrence and, therefore, he failed to give any statement.

(3.) The accused-appellants had taken the defence of false implication on account of enmity and bad-blood that had developed between the parties, admittedly collaterals, on account of court cases (civil suits and also criminal cases and Section 145, 107 Cr PC etc.). The specific suggestion that was given to PW 1 Akshay Kumar, the injured, was that he received gun-shot injuries while he was returning home from Mela by his enemies, who were annoyed with him on account of illegal collection of tolls from the traders and the merchants of the mela.