RAMALAGAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23rd September, 1992 passed by 3rd Additional Sessions Judge, Munger in Sessions Case No. 321 of 1978, where under the sole appellant has been convicted for the offence under section 302 of the Penal Code and directed to suffer Rigorous imprisonment for life.

(2.) The prosecution case, as set out in the fardbeyan of informant Ramgulam Nonia (P.W.8) recorded by A.S.I. Nasruddin Khan, Barbigha Police Station in Barbigha State dispensary on 22.04.1977 at 7 P.M. is that on the same day around 4 P.M. he was irrigating his land from surface well which was away from the residential area of village- Mahamda. Meanwhile, accused Shivji Nonia, Ramlagan Nonia, Sakal Nonia and Raghunandan Nonia, all resident of Village-Mahamda arrived and asked the informant not to irrigate his land by flowing water through Payn. Such protest led to altercation between the informant and the accused persons and while the parties were exchanging brick-bats Dhanpat Nonia asked his sons, namely, Ramgulam Nonia, Shivji Nonia and Sakal Nonia to kill the informant where after his three sons went to their house and came back with two licensed guns. Sakal Nonia while abusing instructed the informant to go away but he refused to do so and asked the accused persons to do whatever they like; where after Sakal Nonia fired two shots causing injury on his back, thigh and hand. Informant having sustained injury, his younger brother Ragho Nonia along with the wife of informant rushed to save him where after Ramgulam Nonia fired at Ragho Nonia and wife of the informant. Ragho Nonia became injured and not only fell down but also died at the spot. The occurrence has been witnessed by Krishna Nonia (P.W.1) and Naresh Nonia (P.W.2). Hearing the sound of gun shot Kailash Nonia (P.W.3), Pyare Nonia (P.W.6) and Jagdish Nonia (not examined) along with others also came where after the accused persons made good to their escape. The informant also stated in the fardbeyan that the dead body of his brother is lying at the place of occurrence. Finding the fardbeyan statement correct the informant put his left thumb impression in presence of the witnesses, namely, Chandra Moleshwar Prasad Singh, Mukhiya of Gram Panchayat, Samash and Nitya Nand Singh of Gram Panchayat Omna at present Barbigha. Both the attesting witnesses also put their signature on the fardbeyan.

(3.) In the light of the fardbeyan F.I.R. was also drawn on the same day at 23 hours and dispatched to the police station also by special messenger on the same day. After recording the fardbeyan its scribe went to the place of occurrence where inquest report of the deceased was prepared in the same night at 10.30 P.M in presence of Krishnabali Singh (P.W.7) and Rampadarath Singh (not examined). The dead body was sent for postmortem also in the same night to Sadar Hospital, Munger. The postmortem was however conducted on 23.04.1977 by Dr. G.N. Thakur, Assistant Civil Surgeon. Dr. Thakur found the following injuries on the person of the deceased:-