BINDI PASI AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been filed against the judgment and order of conviction and sentence dated 21-3-1990 passed by Sessions Judge, Saharsa in Sessions Trial No. 85/86. In both the appeals the appellants have been convicted for the offence under Section 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life.

(2.) The case of the prosecution is that oa 20-11-1985 at about 9.25 p. m. the informent Jai Prakash Sinha (PW 1) gave his Fardbeyan (Ext. 1) in the hospital, Saharsa stating inter alia therein that while he along with the deceased Amit Kumar Mitra was standing near the Gate of Ramesh Jha Mahila College, Saharsa after witnessing picture, the appellant came and called Amit Kumar Mitra saying that they had some work with him. Amit Kumar Mitra and the appellants started talking among themselves at some distance. The deceased Amit Kumar Mitra told the informant to come after changing his dress as they had to get photographed and they proceeded towards Sanjay park. When the informant returned back after changing his dress, he did not find Amit Kumar Mitra and the appellants. In the meantime, Manoj Kumar Verma, PW 4 met him and then they proceeded towards Sanjay park in search of his friend Amit Kumar Mitra. He found the appellant Arjun Rajak having dagger in his hand and appellant Bindi Pasi running away towards west in the moonlit night. He also heard some groaning sound coming from near a tree. He went there and saw his friend Amit Kumar Mitra lying in a pool of blood and several injuries on his person. In the meantime Manoj Kumar Verma PW 4 also reached there, on enquiry Amit Kumar Mitra told that the appellant Bindi Pasi caught hold of him and pressed his mouth and neck and the appellant Arjun Rajak gave several dagger blow on his person. He and Manoj Kumar Verma took the injured Amit Kumar Mitra to the hospital on a rikshaw. In the Fardbeyan it has been alleged that Bindi Pasi was inimical to Ashok Mitra elder brother of Amit Kumar Mitra due to which this occurrance took place.

(3.) On the aforesaid Fardbeyan, a formal FIR (Ext. 7) was registered for the offence under Sections 307 and 324 of the Indian Penal Code and the investigation of the case was taken up. During the investigation, dying declaration (Ext. 2) of Amit Kumar Mitra was recorded by a Judicial Magistrate (PW 2) and after the death of Amit Kumar Mitra the case was converted into one under Section 302 of the Indian Penal Code. The Investigating Officer (PW 10) after completion of the investigation submitted charge sheet for the offence under Section 302 of the Indian Penal Code against the appellants. After submission of charge-sheet, cognizance was taken and the case was committed to the Court of Sessions for trial.