SUNIL KUMAR PUSPAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 374 (2) of the Code of Criminal Procedure, 1973 for setting aside the judgment dtd. 19/7/2019 and the order of sentence dtd. 22/7/2019 passed by the learned Additional Sessions Judge-III/Special Court M.P./M.L.A., Samastipur in S. T. No. 431 of 2011 arising out of Protest cum Complaint Case No. 851 of 2009, whereby the appellant has been convicted and sentenced as under:-

(2.) PW 5, Kabutri Devi is the informant of this case. She happens to be the sister-in-law (gotni) of the deceased Manju Devi. Her fardbeyan was registered on 7/8/2005. She has mentioned in her fardbeyan that on 2/8/2005, at about 8:10 in the morning, she was going to Bithan Bazar with her sister-in-law Manju Devi (the deceased). When they reached near Sirisia bandh, a white-coloured Marshal vehicle, came from the western direction. The persons, who were present in that vehicle, asked as to why the informant and her sister-in-law were not siding themselves from the way, despite the repeated horn-blows upon which Manju Devi replied that there was mud beside the road, which was the reason for not siding themselves. The appellant, who was known to the informant from before, got down from that vehicle. He started assaulting her sister-in-law with the butt of a gun in her abdomen and, on outcry, the appellant fled away in his Marshal vehicle. Initially, the victim was treated by a village doctor, but he referred the patient to Dr. Kamini Ray in Begusarai. As the condition of the patient remained deteriorating, Dr. Kamini Ray referred her to Sadar Hospital, Begusarai on 6/8/2005. The deceased died in the way to the hospital. She has mentioned further that PW 1, PW 2 and PW 3 had also seen the occurrence.

(3.) On the basis of fardbeyan given by PW 5, Bithan Hasanpura P.S. Case No. 164 of 2005 was registered on 7/8/2005 for the offences punishable under Ss. 302/34 of the IPC and Ss. 3(i) (x) (xi), 3(2)(v) of the SC/ST Act.