LAWS(PAT)-2013-1-152

BABAN OJHA Vs. STATE OF BIHAR

Decided On January 10, 2013
Baban Ojha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) SOLE appellant Babban Ojha who has been found guilty for an offence punishable under Section 302 of the Indian Penal Code and directed to undergo imprisonment for life as well as under Section 27 of the Arms Act whereunder sentenced to undergo rigorous imprisonment for two years with a further direction to run the sentence concurrently vide judgment dated 08.05.1990 passed by Additional Sessions Judge (Ist), Barh in Sessions Trial No. 320 of 1986 has preferred the instant appeal.

(2.) SHORN of unnecessary details, the prosecution case as per fardbeyan (Ext.4) of Malida Devi recorded on 03.10.1984 at the platform of Barh Railway Station at about 7.30 P.M. alleging inter alia that on the same day at about 1.30 P.M. she along with her deceased husband Vijay Singh, sons Shivji Kumar aged about 12 years, Baidnath Kumar aged 10 years, Pankaj Kumar aged 7 years and daughter Seema Kumari aged 4 years have come to Barh Railway Station to go to her Naihar lying at Barahiya. She along with her children sat over a Bench while her husband Vijay Singh had gone to obtain ticket. The place where she was sitting there was a police picket where one boy had supplied wine to the police personnels who were inside the room, her daughter had gone there and on account thereof, the police scolded her and directed to leave the place. She disclosed the events to her husband who till then returned back after taking ticket. On disclosure made by her husband that the train is coming, caused annoyance to the police who at that very time was armed with rife and subsequently thereof he shot at causing injury over the person of Vijay Singh who fell down and died instantaneously. She along with her children began to mourn attracting so many passengers who subsequently thereof indulged in pelting stones and also gave push over the door. Meanwhile, the train arrived. In midst thereof, the police began to fire causing injury to a lady passenger who was sitting inside a bogie. On account of that she also died as well as one male passenger had also sustained injury who was subsequently lifted to hospital. She had further narrated physical feature of Sepoy who had shot at her husband.

(3.) ON the basis of the aforesaid fardbeyan Mokama GRP Case No. 106 of 1984 was registered whereupon investigation was taken up and during course thereof the assailant was identified as Baban Ojha the appellant against whom chargesheet was submitted consequent thereupon after completing legal formalities the case was committed and the appellant/accused faced trial which ultimately concluded in his conviction, being subject matter of the instant appeal.