GYAN RAVI DAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed by the sole appellant/accused against the judgment dated 29.06.2009/30.06.2009 passed by Additional District & Sessions Judge -XIII, Patna in Sessions Trial No. 209 of 2008/40 of 2009, arising out of Mokama P.S. Case No. 47 dated 11.04.2005, initially registered for the offences under Sections 307, 326, 324, 448 and 387 of the Penal Code for causing grievous injury to Father Mathew, who succumbed to the injuries on 01.05.2005, whereafter Section 302 of the Penal Code was also added on 05.05.2005, whereunder the sole accused appellant has been convicted for the charge under Sections 302, 452 of the Penal Code and sentenced to suffer Rigorous Imprisonment for life under Section 302 of the Penal Code with a fine of Rs. 5,000/ -, in default of payment of fine, Simple Imprisonment for five years. For the offence under Section 452 of the Penal Code, sole accused has been directed to suffer Rigorous Imprisonment for seven years with direction to pay fine of Rs. 2500/ -, in default of payment of fine to suffer Simple Imprisonment for one year nine months. Both the sentences, however, have been directed to run concurrently.

(2.) PROSECUTION case, as set out in the fardbeyan of informant Father Thomas (P.W. 5) in Nazareth Hospital, Mokama, District - Patna, recorded by Sub -Inspector Suresh Ram of Mokama Police Station on 11.04.2005 at 19:30 hours (7:30 P.M.) in Father's room Nazareth Hospital is that informant along with Sister Suza of Notredam, Jamalpur (P.W.3) (who came to Mokama only yesterday) was returning at 7:05 P.M. from the Old Church and had just reached near the residence -cum -office of the Father of the Church where Sadhu Shila Nand (P.W. 1), Ajay Kumar (not examined) were talking to each other, heard Father screaming from inside the office room and rushed there and saw Father Mathew fallen on the ground west of his chair near the almirah and blood was oozing from his body. In front of the Father, appellant, who is resident of Mohangachhi, P.S. - Mokama, armed with blood stained knife, was also standing, moved out of the Father's room scaring the informant and others with the knife and ran away towards north. Father informed the informant that the injury has been caused by the knife over his throat and the blood was oozing therefrom. The informant also noticed blood on the floor of the room. Informant and others telephonically informed the hospital wherefrom staff came and carried the Father on the stretcher to the hospital. Injured Father's personal staff Maso, whose name Father was calling, also helped in carrying Father on the stretcher to the hospital. After reaching the hospital, injured Father Mathew informed those present in the hospital that appellant was asking for money but on his refusal to pay, he inflicted the injury and that Father Mathew is being treated in the hospital. In the last paragraph of the fardbeyan informant claimed that appellant has inflicted the injury as Father refused to pay him. Informant having read the fardbeyan found the same to contain the correct version of the occurrence, put his signature over the same. The fardbeyan has also been attested by Sadhu Shila Nand (P.W. 1), Sister Meri Suza (P.W. 2).

(3.) DURING investigation of the case Father Mathew, injured, was referred to Kurji Holy Family Hospital, Patna on 16.04.2005 for better treatment. While in treatment at Kurji Holy Family Hospital, Patna, Father Mathew passed away on 01.05.2005, whereafter his Inquest was made on the same day at 8:00 A.M. in the Private Ward Room No. 328 of Kurji Holy Family Hospital by Sub -Inspector Bharat Upadhyay of Patliputra Police Station, Patna, who found knife injury over his throat/neck and left side of chest near nipple. Inquest proceeding was conducted by Sub -Inspector Bharat Upadhyay in presence of Josh Nampeli (Assistant Administrator of the hospital) (not examined), Father Sabestin (P.W.8). Post mortem on the dead body of Father Mathew was also conducted on 01.05.2005 by Dr. Vishnu Deo Prasad of P.M.C.H. During investigation Sub -Inspector Suresh Ram not only collected the Inquest Report from Sub -Inspector Bharat Upadhyay of Patliputra Police Station but also obtained the Post Mortem Report from Dr. Vishnu Deo Prasad (P.W. 6) and in the light of the police statement of as many as 11 witnesses, recorded during investigation, the second Investigating Officer Shrawan Kumar Rajak (P.W. 10) submitted charge -sheet No. 162/07 on 14.11.2007 against sole accused appellant indicating that he was arrested in the present case on 02.11.2007 from his Bihta residence and forwarded to Court on 03.11.2007.