SOMRA KACHHAP Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant in this appeal is Somra Kachhap who was charged and convicted in Sessions Trial No, 606/92 in the file of 6th Additional Judicial Commissioner, Ranchi. The appellant has been convicted under Section 302, I. P. C. and sentenced to imprisonment for life for the murder of Junus Tirkey, son of the informant, Philip Tirkey.

(2.) The occurrence leading to the trial and conviction of the appellant has been narrated by the informent as follows : On 1-1-1992 at about 6 p.m. the informant, Philip Tirkey was at his home in village Badam within the jurisdiction of Tatisilway P. S. The deceased came running to his house in seriously injured condition. He told his father that while he was going home the appellant fired at him in Badam School causing injury in his abdomen. The informant with his nephew Joseph and one Jaidhan, took his injured son to Arrah Mission Hospital on a rickshaw where he was refused to treatment. They came to Namkum P. S. from where they were sent to Block hospital but as there was no facility for proper treatment therefore, they were sent to Seva Sadan, Ranchi, Namkum P. S. As no proper treatment had been given to the injured they took him to R M.C.H. In course of treatment Junus died at 1.45 p.m. on 2-1-1992. It is alleged that the appellant was active criminal and he wanted informant's son to join his group. The deceased having refused to do so was shot by a fire-arm.

(3.) It is clear from the above narration of the fact that no body has witnessed the occurrence and only evidence against the appellant is the dying declaration to have made by the deceased. The trial court has found the evidence regarding dying declaration to be free from any blemish and accordingly, the Additional Judicial Commissioner being satisfied that the evidence was sufficient against the appellant convicted and sentenced him.