KAILASH DOME Vs. STATE OF BIHAR

JUDGEMENT

(1.) KAILASH Dome and Gyani Dome have been convicted and sentenced on 3.12.1987 by the learned 2nd Additional Sessions Judge, Saran at Chapra in Sessions Trial No.231/86/176/86 and 416/86/180/86 whereby the conviction has been recorded under Sections 302/34 of the Indian Penal Code and each of them were ordered to undergo the imprisonment for life. Sessions Trial Nos.231/86 and 416/86 were committed to the court of sessions on two different dates but they were amalgamated as both the cases have arisen out of Bhagwan Bazar P.S. Case No.180/83 dated 23.11.1983.

(2.) ONE Jhulan Dome was stabbed to death in the late night of 23.11.1983. The matter was reported to the police by Chameliya Domin (P.W.2). She carried the dead body of Jhulan Dome to the police station and informed that on 23.11.1983 at 7.00 P.M. Jhulan Dome was pushed down after scuffling by Gyani Dome and thereafter, he was stabbed by Kailash Dome. One Achhay Lal Dome has flashed the torch on Jhulan Dome. The fardbeyan (Ext.2) resulted into the formal FIR (Ext.1) and investigation commenced. The inquest report (Ext.3) was prepared. The post -mortem examination report of the dead body of Jhulan Dome (Ext.6) was procured. Place of occurrence was inspected by the Investigating Officer (P.W.5). The statements of the witnesses were recorded. The police found the occurrence true and submitted charge -sheet. After cognizance, the case was committed to the court of sessions where the charge under Sections 302/34 was explained to both the accused to which they pleaded innocence, so the trial proceeded.

(3.) IN the paper book, the seriatim of the witnesses has not been mentioned properly. P.W.1 Prabhavati has been shown to be examined on 28.03.1987 but prior to that Chameliya Domin was already examined on 9.08.2006 and Jinat Hussain on 9.08.2006. Similarly P.W.3 has been shown to be examined on 31.03.1987.