MANOJ RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY filing the present appeal appellant has questioned his conviction recorded under judgment dated 30.10.2009/20.11.2009, passed by Additional District & Sessions Judge, F.T.C. -II, Muzaffarpur in Sessions Trial No. 791 of 2006, whereunder he has been convicted for the offence under Section 302 of the Penal Code and directed to suffer imprisonment for life with further direction to pay a fine of Rs. 2,000/ -, in default of payment of fine, to suffer further rigorous imprisonment for six months.

(2.) PROSECUTION case, as set out in the fardbeyan of the informant Raj Kumari Devi (P.W. 3), recorded in the Emergency Ward of S.K.M.C.H., Muzaffarpur by Raj Kishore Singh, Officer -in -Charge, Ahiyapur Police Station on 20.06.2006 at 10:00 hours in front of the dead body of her brother Shiv Mahto is that yesterday on 19.06.2006 around 11:00 P.M. she had come back home after performing in the musical function in the Barat Party. Her brother Gauri Shankar Mahto (P.W. 2) was also present in the house. She heard her another brother Shiv Mahto (deceased) crying near his tea -biscuit shop, went there and saw that both the legs of her brother was tied with a rope by the appellant, who having knocked him down was assaulting her brother with a battery box (hard blunt substance). Having seen the occurrence informant along with her brother Gauri Shankar Mahto raised alarm in the locality that her brother is being assaulted by the appellant after being tied with a rope. Meanwhile, appellant continued with the assault on his brother. Hearing the alarm others from the locality also came to the place of occurrence whereafter appellant ran away brandishing, firing shot from the country made pistol in order to scare away the local people. Informant untied the rope of her brother who disclosed that he asked the appellant to clear the dues of Rs. 60/ -, in retaliation appellant assaulted him. Having found the injuries on the person of her brother, informant took him with the help of others to the Sadar Hospital where his condition being serious, the doctors referred him to S.K.M.C.H., Muzaffarpur. During the way when the informant, injured and others reached near Akharaghat bridge, the victim succumbed to the injuries and was brought dead in the Emergency Ward of S.K.M.C.H. where the fardbeyan was recorded on 20.06.2006 at 10:00 A.M. The Officer -in -Charge of Ahiyapur Police Station having recorded the fardbeyan forwarded the same to Officer -in -Charge, Town Police Station, Muzaffarpur, as place of occurrence of the present case was within the jurisdiction of the Town Police Station. In the light of the fardbeyan, Officer -in -Charge, Town Police Station, Muzaffarpur registered the formal First Information Report bearing Town P.S. Case No. 226/06 dated 20.06.2006 (Exhibit -2) at 21:45 hours (9:45 P.M.) and entrusted the investigation to S.I. Suresh Prasad Ram (P.W. 8). During investigation, Investigating Officer examined the informant, other eye -witnesses and others as also collected post -mortem report of the deceased and having found the case true against the appellant submitted charge -sheet against him.

(3.) P .W. 1 Lalo Devi is the resident of the same locality and is an eye -witness of the occurrence. P.W. 2 Gauri Shankar Mahto is the brother of the informant, named in the fardbeyan and is also an eye -witness of the occurrence. P.W. 3 Raj Kumari Devi is the informant of the case. P.W. 4 Sita Ram Mahto is the proprietor of the adjoining betel shop, is also an eye -witness of the occurrence. P.W. 5 Kanti Devi is the wife of the deceased who came to the place of occurrence after hearing the alarm raised by the informant and is a hear -say witness. P.W. 6 Sanjay Kumar is also a resident of the locality, is a hear -say witness. P.W. 7 Dr. Sohan Prasad Choudhary is the doctor who conducted post mortem on the person of the deceased. P.W. 8 Suresh Prasad Ram is Sub -Inspector, who investigated the case. P.W. 9 Sone Lal Mahto is also a resident of the locality and an eyewitness of the occurrence. P.W. 10 Deepak Mahto has been declared hostile by the prosecution. P.W. 11 Ram Vilash Mahto is a resident of the locality and besides being an eye -witness of the occurrence, is also a witness of seizure of battery box by which appellant assaulted the deceased.