HARENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order of conviction and sentence recorded by the Sessions Judge, Samastipur in Sessions Trial No. 21 of 1992, whereby and whereunder he convicted the appellants under section 302 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life.

(2.) THE prosecution story, as per the fardbeyan of Ram Kishun Mahto (P.W. 6) recorded by A.S.I. S. Choudhary (P.W. 9) on 9.4.91 at 4.00 p.m. is that on the same day at about 2.00 p.m., the informant who was at his door, saw two youngsters entering into the room in which the deceased was present with a child. The said room was given by the informant to the examinees of village Jadaha, who had come to appear at the matriculation examination. The informant was going to sleep in another room but he heard the groaning sound coming from the room in which the deceased was staying. The informant came out from his room immediately and saw both the youngsters who had entered into the room and one of them was armed with dagger stained with blood and the informant was terrorised that if he raised the alarm he will also be killed with the same dagger and both of them fled away towards the south after crossing the Bandh. The informant chased them and also raised alarm, whereupon, many villagers also chased and the villagers of Tetarpur surrounded the accused, both of them were caught who disclosed their names as Harendra Rai and Bacchu Rai (appellants). Both the accused confessed their guilt before the villagers. Being enraged the villagers assaulted both the accused as a result thereof they were injured. In the meantime, the police party arrived there and took charge of both the accused. It has been stated that the accused threw the dagger in course of chase and the handle of dagger was recovered. The informant returned back to his house and saw that Champa Devi was lying dead in the pool of blood and a sharp cut injury caused by dagger was found on her neck. It has been stated that Yogendra Rai had arranged the room for the daughter and daughter -in -law of the deceased who had come to appear at the examination and on the alleged date of occurrence Yogendra Rai was seen in the village. It has been suspected that Yogendra Rai in conspiracy with his son Harendra and relative Bacchu Rai got murdered Champa Devi due to some old grudge against the deceased. The police instituted a case against the appellants and one Yogendra Rai under sections 302, 120 -B/34 of the Indian Penal Code and submitted chargesheet against them on the basis of which cognizance was taken and the case was committed to the Court of Sessions. All the three accused faced the trial. Accused Yogendra Rai was however, acquitted of the charges.

(3.) D .W. 1 Basudeo Rai has been examined to say that the police had arrested four boys near the school gate including the appellants. He denied that the appellants were arrested on chase. D.W. 2 Tribhuwan Prasad was an examinee who has deposed that when he came out of the examination hall, he learnt that these appellants were arrested from the school gate. He admitted that he had not seen the appellants when they were arrested. D.W.3 Shiveshwar Sharma has proved the admit card of D.W. 2. in proof of the fact that he had appeared at the matriculation examination in the year 1991. He has proved the Admit Card of Bimla Kumari (Exhibit -8) and the character certificate (Exhibits -9 and 10).