SHEO CHARAN KUSHWAHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though factual matrix transpiring in the fardbeyan of Paras Nath Banwasi (PW 14) and narrative unfolded by him in his evidence at trial, have been fairly spelt out in the judgment of the Court below, we wish to reiterate them with brevity for better appreciation of contentions that were raised at Bar. One Ganesh Mali (hereinafter referred to as deceased), who was a flowerman by profession, as usual, left his house preceding 9.30 a.m. on 3.10.1995, having taken his breakfast, for distribution of flowers in rice mill. He proceeded on foot from his village to Deohalia market and after staying in the market for a while, finding no vehicle for Ramgarh, he continued his journey on foot, and it was alleged that shortly after he reached Labedah More, he noticed Sheo Charan Kushwaha and Sanjay Kushwaha (hereinafter referred to as the appellants), standing on the road, obviously waiting for some one, and shortly thereafter, when Ganesh Mali happened to reach there on bicycle, his movement was restricted by them who having caught hold of the bicycle, fired shot on him, pursuant to which the deceased dropped dead. The appellants shortly, thereafter, escaped in the nearby sugarcane field. The Police Officer who arrived within half an hour of the incident, visited place of occurrence, prepared inquest report over the dead body of the deceased, and fardbeyan of Paras Nath Banwasi (PW 14) at 10 hours on 3rd October, 1995 at Masarhi rice mill was recorded by Shri Ram Kripal Sharma, Sub Inspector of Police, O/C Ramgarh Police Station.

(2.) As usual, after the police was set in motion, investigation followed, in course of which, Police Officer visited place of occurrence, prepared inquest report of the dead body of the deceased, recorded statement of the witnesses, seized blood stained earth and also front part of the cartridges, noticed a bicycle lying on the road adjacent to the dead body of Ganesh Mali, took steps for apprehension of the assailants and eventually on conclusion of investigation, laid charge-sheet before the Court showing the assailants absconding.

(3.) In the eventual trial that followed, the State examined altogether 17 witnesses and those examined by the State include family members of the deceased Paras Nath Banwasi, sole eye-witness, the doctor who held autopsy over the dead body of the deceased, Police Officer who performed onerous task of investigation and also host of witnesses who in fact turned volte face to the State.