RAJOLAL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Rajolal Sharma is sentenced to rigorous imprisonment for life under Section 302 of the Penal Code for causing the death of his full brother Prabhulal Sharma.

(2.) It is an unfortunate case. According to the prosecution an altercation took place between the deceased Prabhulal Sharma and his two younger siblings Rajolal Sharma, the appellant and Dharmdeo Lal Sharma on the question of partition of the family lands. After an exchange of heated words Rajolal Sharma and Dasrath Lal Sharma went to the house and came back with lathies, Prabhulal Sharma was given 2-3 lathi blows on his head as a result of which he fell down bleeding from the mouth and the wound on his head. He later died as a result of the injuries sustained by him.

(3.) The occurrence is said to have taken place on 3.7.1985 at about 9.10 p.m. It took place at village Paharpur which is at a distance of about one kilometer from Shahpur Patori (a sub-divisional head quarter in Samastipur district) where there is both a Government hospital and a police station. However, the matter was reported to the police only after Prabhulal Sharma died at Patna Medical College Hospital on 10.7.1985. It appears that from the hospital information was sent to the police on which a SI attached to Pirbahore P.S. were to the hospital and in the casualty ward there recorded the fardheyan of one Ram Udgar Sharma, the cousin of the deceased. Pirbahore police took its own time in sending the fardbeyan to Shapur Patori P.S. and the FIR was finally recorded on 19.7.1985 at 3 p.m. Naturally, therefore, the statements of witnesses were recorded by the police long after the date of the occurrence. The delay in the matter getting reported to the police was not accidental or fortuitous. On the contrary it appears that not only the family members of the deceased but also other villagers were quite reluctant to report the matter to the police and were actually trying to hide the occurrence. Perhaps the victim Prabhulal Sharma did not get proper medical treatment because he was purposely not taking to any Government/public hospital immediately after receiving the injuries. He was initially treated at his home in the village by calling some private doctors from Patori. Two days later he was taken to Patori where he was treated for two days by private doctors. He was then brought to Patna to a private doctor and from there to another private doctor. It was only when the last doctor asked him to be taken to P.M.C.H. that he was brought there where he died within a few hours in course of treatment. In fact the informant (PW 5) in para 5 of his deposition admitted that the villagers advised him against getting Prabhulal Sharma treated at Patori as that would lead to institution of a case. He further stated that he did not inform the police as advised by the villagers.