BABLU THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Bablu Thakur has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He has been further convicted under Section 27 of the Arms Act, and sentenced to undergo rigorous imprisonment for three years. Both the sentences are however to run concurrently.

(2.) In this case there are two fardbeyans lodged by the informant Anil Kumar Singh. The first one was (Ext 6) recorded on his statement at Patna Medical College and Hospital at 11 a.m. The subsequent fardbeyan, (Ext. 4/1) was recorded on the same Informant's statement at the place of occurrence village on 11.6.1995 at 2 p.m. in the context that after receiving injury the deceased Arbind Kumar Singh @ Bilaiti Singh was taken to Bhagalpur Medical College and Hospital for treatment and in course of that treatment the informant who happens to be the brother of the deceased gave his statement at BMCH on the basis of which the first fardbeyan (Ext. 6) was recorded. Subsequently when the informant returned to his village from PMCH police authorities came there and his statement was again recorded at his village on 11.6.1995 at 2 p.m. which constitutes the second fardbeyan (Ext. 4/1). The informant's statement in both the fardbeygns are quite similar.

(3.) The prosecution story as set out in the fardbeyan (Ext. 6) which was recorded in the BMCH is that on 5.6.1995 at about 8 a.m. a feast was going on in the house of Pratap Pansari at village Barahat on the occasion of his tilak ceremony. The informant along with his elder brother Arbind Kumar Singh @ Bilaiti Singh (deceased) and Bhajandeo Yadav (PW 5) had gone to attend the feast and they were taking their meal there. On the roof of the house several persons were also there. In course of meal a hue and cry arose and the informant learnt that Bablu Thakur, the appellant and Putul Pandey (who had died at the spot) were causing the hue and cry and they were also firing shots. Learning this the informant and his brother (deceased Bilaiti Singh), the informant came down stairs and proceeded towards the gate of the house and that the appellant fired a shot hitting the deceased on his chest as a result of which he fell down on receiving injury. It is mentioned in the fardbeyan that the appellant, Putul Pandey and others who were with them were armed with pistol. After falling of the deceased (Bilaiti Singh) a stampede took place and the deceased was taken to a local doctor Dilip Kumar Singh at Pirpaiti for treatment but he referred him to BMCH and when the deceased was taken to BMCH he was further referred to PMCH, Patna where he ultimately died in course of treatment. The fardbeyan was recorded on 6.6.1995 at 11 a.m. and the deceased had died in the hospital. It appears that the police forwarded the informant's first fardbeyan (Ext. 6) to the Officer Incharge, Pirpaiti Police Station. It appears that the informant returned to his village and the informant's subsequent fardbeyan (Ext. 4/1) was recorded at his house there. As already stated both the fardbeyan contain substantially the same matter. On the basis of the subsequent fardbeyan Pirpaiti P.S. case No. 93/95 (Ext.4/1) was registered and investigation commenced. On completion of investigation and submission of charge-sheet the appellant was tried and he has been convicted as above.