BINDESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 2.7.1990 passed by Additional Sessions Judge VIII, Gaya in Sessions Trial No. 32 of 1983/97 of 1990 convicting all the appellants under Sections 148 and 304 / 149 of Indian Penal Code (In short 'IPC') and further convicting all the appellants except appellant Sushila Devi under Section 323of IPC but sentencing the appellants to undergo rigorous imprisonment for eight years each under Sections 304 / 149 of IPC only and passing no separate sentence under Section 148 or 323 of IPC. The case of prosecution, in short, is that on 21.7.1982, deceased Prabhu Sao, father of informant Rajnikant (not examined) was returning to his house from a river after washing his hands, mouth etc. when he met appellant Ranjit Kumar in front of his house. One day prior, evidence was recorded in Court in a case between the parties and giving reference of that case, appellant Ranjit Kumar gave a slap to Prabhu Sao and when Prabhu Sao raised hulla, informant, his younger brother Vijay Kumar (PW 1), his sister Chaya Kumari (PW 2) and his mother Gayatri Devi (PW 3) ran to rescue Prabhu Sao. In the meantime, from the nearby house, appellants Dinesh Prasad armed with chura, Ramnath Prasad armed with dagger, Sushila Devi armed with bhala, Ranjit Kumar armed with bhujali and Bindeshwar Prasad armed with knife came and attacked Prabhu Sao. Appellants Ranjit Kumar and Bindeshwar Prasad, after assaulting Prabhu Sao with bhujali and dagger, threw him on the ground and caught hold of him and appellant Sushila Devi gave a bhala blow and when bhala was inserted in the abdomen, she rotated the bhala. When informant, his brother, mother and sister tried to rescue Prabhu Sao, they were also assaulted by male appellants with chura, dagger, bhujali, knife and informant fell near his father. Several persons of mohalla assembled on hearing hulla who saw the occurrence. When the informant, his brother, sister, mother and his deceased father were taken to Pilgrim Hospital for treatment, Prabhu Sao died in the way. The reason of occurrence is said to be criminal cases pending in the Court from before between the parties. Fard -e -bayan (Exhibit -1) of informant was recorded on 21.7.1982 at about 11.30 A.M. On the basis of Fard -e -bayan, a case under Sections 147, 148, 149, 302, 326, 324 of IPC, by drawing a formal first information report (Exhibit -2), was registered and police, after investigation, submitted charge -sheet and cognizance of the case was taken and case was committed to the Court of Session where after trial, the appellants were found guilty and were convicted and sentenced, as indicated above.

(2.) THE case of appellants before the Court below was that the deceased was a veteran litigant and he was killed by someone else in different place and they have been falsely implicated in this case on account of enmity. One witness on behalf of appellant was examined during trial.

(3.) DR . A. Barkat (PW 5) has said that on 21.7.1982 at 3.45 PM, he examined Vijay Kumar (PW 1) and found multiple longitudinal bruise over left side of chest posteriorly caused by hard and blunt substance, a lacerated wound over left frontal eminence of scalp 1" x 1/4" x scalp deep caused by hard and blunt substance and tenderness over left lateral condyle of tibia caused by hard and blunt substance and age of injuries was within six hours and all injuries were simple in nature.