RAMADHAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by the judgment dated 17-8-2001 and order dated 20-8-2001 passed by 1st Additional Sessions Judge, Jehanabad in Sessions Trial No. 143 of 1994 convicting and sentencing all the three appellants to undergo rigorous imprisonment for life under Section 302/34 of Indian Penal Code (in short "I. P. C.") for causing the death of Ramashray Sharma and convicting them under Section 325/34 of I. P. C. for voluntarily causing grievous hurt to informant Ramadhar Sharma (having the same name as one of the appellants but since dead) but passing no separate sentence under this head, the appellants have preferred this appeal.

(2.) The case of prosecution, in short, is that on 19-1-1992, informant Ramadhar Sharma at about 7.30 a.m. was tying his bullocks in his Bathan situate in the Parti land in front of his Dalan when appellant Ramadhar Sharma came there and asked him not to tie his bullocks there. On reply of the informant that he used to tie his cattle there, all the three appellants brought lathis from their house and started assaulting the informant causing bleeding injuries on his head and injuries on his both arms, right elbow and right knee. On hulla of informant, his brother Ramashray Sharma came there for his rescue and then appellant started assaulting him also inflicting injuries on left side of his head, on his left eye and palm of right hand. Ramashray Sharma, after receiving injuries, fell down and became unconscious. On hulla, Suryadeo Sharma (P. W. 2), Baijnath Sharma (P. W. 3) and other villagers came there and saw the occurrence and appellants fled away towards their house. The informant, with the help of Shyam Kishore Sharma (P. W. 6), Jai Kishore Sharma (P. W. 5) took his injured brother to Referral Hospital where his Fard-e-bayan (Exhibit-2) was recorded by Shri Suresh Singh, the then sub-Inspector of Mukhdumpur Police Station (not examined) and a case under Sections 341, 324/34 of I. P. C. was registered. Subsequently injured Ramashray Sharma died and Section 302 of I. P. C. was added to first information report. The Police, after investigation, submitted chargesheet. Cognizance of the case was taken and the case was committed to the Court of Session where charges under Sections 302/34 of I.P.C. for causing the death of Ramashray Sharma and Section 304/34 of I. P. C. for making an attempt to commit murder of informant were framed against the appellants and on their denial of charges, appellants were put on trial and after trial, they were held guilty and were convicted and sentenced as indicated above.

(3.) Altogether eleven witnesses on behalf of prosecution have been examined in this case. Informant Ramashray Sharma died during trial, therefore, he could not be examined. Awadhesh Prasad (P. W. 1) is a formal witness who has proved formal first information report (Exhibit-1) Babunand Prasad Diwakar (P. W. 7) is also a formal witness who has proved the Fard-e-bayan (Exhibit-2). Ram Parvesh Sharma (P. W. 8) is also a formal witness and is nephew of informant and has said that informant is dead and he has proved signature of informant (Exhibit-2/1) and signature of Jai Kishore Sharma, P. W. 5 (Exhibit-2/2) on Fard-e-bayan. Dr. Parsu Ram Sharma (P. W. 9) is the doctor who had examined the injuries of informant and deceased Ramashray Sharma. Dr. Suniti Kumar (P. W. 10) is the doctor who held post mortem examination on the dead body of Ramashray Sharma. Shyam Sunder Singh (P. W. 11) is the Investigating Officer of this case. Surajdeo Sharma (P. W. 2), Baijnath Sharma (P. W. 3), Hardeo Sharma (P. W. 4), Jai Kishore Sharma (P. W. 5) and Shyam Kishore Sharma (P. W. 6) are said to be witnesses to occurrence.