CHANDESHWAR BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is against the judgment dated 12.5.1992 of the 5th Additional Sessions Judge, Siwan passed in S.Tr. No. 182 of 1989/32 of 1990. whereby the petitioner has been convicted under Section 392 read with 397 of the Indian Penal Code and Section 304 Part II of the Indian Penal Code and respectively sentenced to undergo R.I. for ten years under Section 392 read with Section 397 of the IPC and RI for ten years under Section 304, Part II of the IPC. The sentences are however to run concurrently.

(2.) THE fardbeyan Ext. 2 of the case was recorded on 1.12.1988 at 4 p.m. by ASI Hardan Baitha at Gautambudh Nagar PS on the statement of informant Sheo Pujan Choudhary a Dafadar. The informant stated that at about 2.30 p.m. while he was working in his field he heard hulla from Bazarhiya Bazar and hearing the hulla he went there running and found that scuffle was going on between the appellant and one Sardarji. The appellant was carrying a chura and he assaulted Sardarji with chura as a result of which Sardarji fell down and then the appellant took the attachi of the Sardarji and fled away with the same. The informant says that Suresh PW 4, Munna Singh PW 1, Ramakant Singh PW 6, Jaikumar Singh PW 7, Ramjanam Singh PW 5, Hardan Baitha PW 8, Dr. A.K. Verma PW 9 and Sahnawaz Khan PW 10 and Kedar Singh not examined and many other witnessed the of occurrence and they also chased the appellant but the appellant managed to escape. The informant had also chased the appellant and when he returned after chase he saw that Sardarji had died of the injury. He further learnt that the Sardarji was selling in wholesale nose pin. He further says that the appellant was a veteran criminal and he assaulted the deceased, Sardarji and he fled away with his attachi. The dead body of the deceased Sardarji was lying in the market and on the basis of the fardbeyan formal first information report was recorded at the Maharajganj PS and investigation was taken -up and on completion of investigation charge -sheet was submitted and the case was committed to the Court of Session and the appellant was put on trial. On trial the appellant has been convicted and sentenced as stated above.

(3.) THE doctor PW 9 who held the postmortem examination on the dead body of the deceased has deposed that he conducted the postmortem examination on the dead body of the deceased Sardarji on 2.12. 1988 at 8.30 a.m. and he found the following anti -mortem injuries.