STATE OF BIHAR Vs. BHIM PRASAD @ CHUHA

JUDGEMENT

(1.) PROSECUTION case initiated on fardbeyan of one Ganga Prasad, victim of the case, P.W.2, in brief, is that on 07.09.1999 at about 10.45 A.M. he was going to deposit Rs.8000.00 cash in Punjab National Bank, Dhami Tola Branch. He was keeping some papers in his bag also in connection with case pending in Court. As he proceeded 20 yards ahead near shop of Shivchand Mahuri and Madan Mahuri, he saw his younger brother Bhim Prasad @ Chuha and his wife Gunjan Devi having in their hand Bhujali. Two unknown persons aged about 25-30 years were also accompanying them. They were holding dragger and revolver. Chuha opened a fire thereafter flung him (P.W.2). He blew his Bhujali aiming his neck but in attempt to save his wrist of left hand was hit. His wife gave three Bhujali blows which hit his face on the left side of nose, palm, right hand and abdomen above waist. Further Chuha and two other unknown persons gave dragger blow causing injury at his knee of right leg, khili of both legs and panja. For Chuha, it is alleged that he fled taking his bag containing cash and papers. He became unconscious and recovered sense in hospital. Incident is said witnessed by all the shop keepers other than his wife who was coming from behind. For Chuha @ Bhim, it is said that he is a veteran criminal and his wife was also charge- sheeted in several cases.

(2.) AFTER concluding the trial, case is ended in acquittal of both the named accused persons. In all, 5 witnesses are examined on behalf of the prosecution. They are P.W.1 Kamal Kant Pandey, P.W.2 Ganga Prasad, informant of the case, P.W.3 Dr. Mahesh Chaudhary, P.W.4 Rajiv Ranjan Singh, I.O. of the case, P.W.5 Jadunandan Prasad, a formal witness.

(3.) IN all, 29 documents are exhibited in the case on behalf of the prosecution and several on behalf of defence. On behalf of prosecution they are Ext. 1 is Referral Ticket, Ext.2 Medical Certificate for leave, Ext.3 Out door ticket of A.I.M.S., Ext.4 prescription of Dr. Harish Grover, Ext. 4 series prescription of different Doctors, Ext. 5 Summary of R.B. Seth Jessa Ram & Bros. Charitable Hospital, Delhi, Ext.6 Out door ticket of same hospital, Ext.7 series pathological report and other reports, Ext.8 series Requisition of 'X'- Ray reports, Ext. 9 Injury report, Ext.10 prescription of Dr. A. Barkat, Unit of Surgery Magadh Medical College Hospital, Ext. 11 formal F.I.R. and Ext. 12 Fardbeyan of present case, Ext.13 Judgment of Sessions Trial No. 72 of 1984, Ext. 14 charge-sheet against Chuha in Kotwali P.S. Case No. 103 of 1987, Ext. 15 is order for framing charge, Ext. 16 order sheet of G.R. Case No. 2566 of 1994, Ext. 17 Order passed in Sessions Trial No. 116 of 1999, Ext.18 order passed in G.R. No. 68 of 1988, Ext. 19 Order of Kotwali P.S. Case No. 13 passed in Sessions Trial No. 210 of 1999, Ext.20 charge sheet in Kotwali P.S. Case No. 141 of 1988, Ext. 21 charge sheet in Kotwali P.S. Case No. 273 of 1984, Ext. 22 order sheet of Kotwali P.S. Case No. 246 of 1984, Ext. 23 order sheet of C.W.J.C. No. 344 of 1999, Ext. 24 Judgment in Trial No. 68 of 1998, Ext. 25 deposition of Bhim Prasad in G.R. Case No. 829 of 1989, Ext. 26 order sheet of Kotwali P.S. Case No. 146 of 1990, Ext. 27 Judgment in G.R. No. 160 of 1996, Ext. 28 Charge sheet in Kotwali P.S. Case No. 146 of 1998 and Ext. 29 letter to D.I.G. by Ganga Prasad.