MURARI RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) One and only issue involved in the instant appeal is as to whether the appellant is entitled to get benefit of doubt on the ground of absolutely perfunctory investigation, nay, practically no investigation in a case of commission of murder punishable under Sec. 302 of the IPC.

(2.) Majhaulia P.S. Case No. 105/02 dtd. 9/6/2002 was registered under Sec. 302/34 of the IPC and Sec. 27 of the Arms Act by the Officer-in-Charge of the said police station on the basis of a statement made by one Deba Singh. The FIR contained the following incidents:

(3.) On 9/6/2002, Sunday at about 6:30 AM, the informant was going with his nephew Uday Narayan Singh by a motorcycle bearing Registration No. BR0-5S-1592. Uday was the rider of the motorcycle and the informant was sitting on the back seat of the said motorcycle. They were going to village Nautan to arrange some labourer for cultivation of agricultural land situated at Bhaironpur. When they reached village Nautan, mother of Murari Raut stopped them and asked Uday about their destination. Then, she started talking with Murari and Uday for about 10 minutes. Thereafter, the informant and Uday proceeded towards their destination. When they reached in front of sugarcane field situated by the side of the garden of one Amar Dev Lal, accused Murari Raut, Suresh Singh, Nand Raut came out of the said sugarcane field and resisted them from proceeding with the motorcycle. When Uday stopped the motorcycle, Nand Raut directed others to apprehend the informant and Uday and kill them by opening fire. Immediately, Murari Raut, the appellant opened fire at Uday Narayan Singh causing gunshot injury on his right hand, he fell down from motorcycle and tried to flee away from the spot but accused Suresh Singh caught hold of him. Then, Murari Raut fired at the back side of the earlobe touching the barrel on the place of injury. Even after receiving successive gunshot injuries, Uday tried to flee away from the spot. In the meantime, hearing the sounds of firearm, one Nageshwar Singh and Lal Babu Singh rushed to the place of occurrence and saw the incident. They raised hue and cry. Hearing the said hue and cry, accused persons fled away from the said spot; failing which, there was every apprehension that the informant might also be murdered.