LAWS(PAT)-2014-9-28

RAMDEO SINGH YADAV Vs. STATE OF BIHAR

Decided On September 19, 2014
Ramdeo Singh Yadav Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE sole appellant has preferred this appeal from the judgment of conviction dated 17.08.1991 and order of sentence dated 19.08.1991 passed by the 4th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 304 of 1985, by which he has been convicted under section 302 of the Indian Penal Code (for short 'I.P.C.') and sentenced to undergo imprisonment for life for committing the murder of deceased Bachelal Jaiswal.

(2.) WHEN the appeal was taken up for final hearing, Shri Tarkeshwar Prasad Verma, learned counsel, through whom appeal had been filed, stated at the Bar that the appeal was filed through the office of Shri Suraj Narayan Sinha, Sr. Advocate, whose office has reported that the client has already taken away the entire brief and papers almost 20 years back. However, as the appeal was filed through him, he has assisted the Court. We have heard learned counsel for the appellant, and learned A.P.P. for the State and also perused the records.

(3.) IN order to establish its case, the prosecution has examined eleven witnesses and exhibited eleven documents, which include signature of P.W. 2 Ram Narain Singh (informant) on the fardbeyan, F.I.R., inquest report, post -mortem report, Hospital O.D. slip and treatment chart. Let it be noted that though the fardbeyan has not been formally marked as exhibit, but it has been affirmed and corroborated by the informant. P.W. 2 Ram Narain Singh in his deposition has proved his signature on the fardbeyan as well and its scribe P.W. 11 Anirudh Rai has also accepted having written the same and signed the same. Thus, for all practical purposes, fardbeyan is a part of valid evidence.