LAWS(PAT)-2005-10-36

BABAN RAI Vs. STATE OF BIHAR

Decided On October 28, 2005
Baban Rai Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 21.1.1988 passed by Sri Nawal Kishore Singh, 8th Additional Sessions Judge, Sasaram in Sessions Trial No. 198 of 1980/26 of 1982 by which he has convicted all the appellants under section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life. The prosecution case, as disclosed from the written report (Ext. 1) filed by the informant Shatrughan Sharma, the then Sub -Inspector of Police, Kargahar Police Station, district Rohtas is that on 26.4.1976 the informant alongwith constables Shatrughan Singh, Nand Gopal Singh, Ram Narain Chaudhary and Rajgrih Pandit had gone to village Pipri for investigation of Kargahar P.S. Case No. 11(4)76 under sections 461 and 380 of the Indian Penal Code and for night patrolling. During the course of investigation they stayed at the door of one Ram Lakshman Rai. The door of the house of Ram Lakshman Rai faced north and there was open space in front of it, which was fenced on east and north with wall about 6 ft. high. There were two open doors in the northern wall. The informant and other members of the police party were sitting in the south east portion of the Sahan (open space). At about 11.00 P.M. they were planning to go out for patrolling. Constable No. 831 Rajgrih Pandit (deceased) was doing the guard duty. At about 11.30 P.M. one man peeped through the north west door of the wall. Constable Rajgrih Pandit challenged him and twice and thrice asked as to who he was, when a shot was fired from northern side, which hit Rajgrih Pandit in his abdomen and hand, Rajgrih in reply also fired one round. Then again the miscreants fired a shot which hit Rajgrih Pandit and he fell down. In the meantime, the informant and other constables, for their safety, took lying position and he ordered to fire and the constables fired eight rounds and by that time the miscreants fled westward. It is also said that two miscreants were seen sitting on the roof of one Radhey Sao. They also fled towards west. The informant and the police constables had seen the two miscreants. It is further alleged that after firing and counter firing when they came out to chase the miscreants, Ram Ekbal Rai of the village, fired on them with his gun and when the informant disclosed his identity, he stopped firing and they returned to the Sahan of Ram Lakshman Rai and could not follow the miscreants. The informant and the other members of his party then were taking the injured to the police station, but on the way he died.

(2.) THE informant then filed the written report to the Officer -in -charge of Kargahar Police Station, on the basis of which the case was registered. The police after investigation, submitted charge -sheet against the appellants and one Shri Ram Lohar who died during the course of trial.

(3.) AT trial, the prosecution examined eleven witnesses. Out of them P.W. 1 Shatrughan Sharma is the informant, P.W. 2 Syed Zakiul Haque Akhtar is a part I.O., P.W. 3 Dr. Sharda Prasad Singh is the doctor who has conducted the post mortem examination on the dead body of the deceased, P.W. 4 Nand Gopal Singh, P.W. 5 Ram Nath Chaudhary are the constables who had accompanied the informant, P.W. 6 Mahendra Narayan Singh, P.W. 9 Ishwari Prasad, P.W. 11 Bidya Sagar Prasad were the Judicial Magistrates, who had conducted the T.I. Parades of the appellants, P.W. 10 Parmeshwar Dayal was the Of -ficer -in -charge of Kargahar P.S. who was the I.O. of the case who had prepared the inquest report (Ext. 6) of the deceased, recorded the statements of the witnesses and inspected the place of occurrence, P.W. 7 Ram Prasad Singh is a formal witness and has proved the T.I. Parade chart (Ext. 4/1) written by Bidya Sagar Prasad (P.W. 11). P.W. 8 Kulbans Singh is also a formal witness and has proved the endorsement (Ext. 5) on the written report of the informant.