BABLOO JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 08.02.1991 by which the solitary appellant Babloo Jha was held guilty of committing offences under Sections 364 and 302 IPC and after being heard on sentence was directed to suffer rigorous imprisonment for life under section 302 IPC. In spite of the appellant having been convicted of offence under Section 364 IPC, no separate sentence was passed upon him on that count.

(2.) The case related to the murder of certain Dr. Maheshwar Prasad Choudhary who undisputedly was a medical practitioner, residing in Sarairanjan in the district of Samastipur as may appear from the evidence of his son (P.W.4) as also his wife (P.W.8). He had finally settled down in Sarairanjan and had a four room house which was enclosed by a boundary wall from four sides.

(3.) The prosecution allegation is that in the night at about 7 A.M. on 19.11.9186, the appellant Babloo Jha came there and requested the doctor to accompany him to his house to attend on his ailing brother who was being treated by one Ballu Jha who happened to be the compounder of the deceased doctor. The appellant is said to have given out to the doctor that there was no response to the treatment given by the said Ballu Jha and that he had asked him to bring the deceased for treating the ailing brother of the appellant. As per the prosecution story, the doctor asked the appellant to wait for a few minutes and he readied himself to attend on the ailing brother of the appellant. The deceased as per the prosecution story started his motorcycle with appellant Babloo Jha sitting as the pillion rider. After some time when the deceased had reached the main road, a couple of persons came to inform the informant, namely, Usha Chaudhary (P.W.8) wife of the deceased that Dr. Choudhary had been murdered. The family members rushed to the scene of occurrence. They found the dead body of the deceased doctor lying in a pool of blood.