STATE OF BIHAR Vs. HARE RAM PRASAD

JUDGEMENT

(1.) This Government appeal is directed against the judgment dated 25th November, 1987 of the 4th Additional Sessions Judge, Saran at Chapra passed in Sessions Trial No. 3 of 1985 whereby respondents have been acquitted of the charge under Section 302/149 of the Indian Penal Code.

(2.) The fard-beyan (Ext.-l) of the case was lodged by Dr. Nagina Sharma (PW 5) on 31st May, 1979 at 10.00 p.m. in Sadar Hospital, Chapra. The informant stated that that day (31-5-1979) at about 7 o'clock while his (informant's) nephew Pashupati Nath Bhagat (the deceased) after taking tea at the Hotel of Ram Ekbal Bhagat at Doriganj Morh was proceeding towards his house through the road and when he (the deceased) reached near Ata-Chakki of Raghunath Bhagat, accused Umesh Bhagat (absconding accused) who could not be put on trial and these respondents were found present there and one truck bearing Regd. No. BRD-3561 was also parked there. As soon as Pashupati Bhagat (the deceased) arrived there, accused Umesh Bhagat pierced a knife in his (deceased's) abdomen. The deceased cried and fell down and that, thereafter, all the accused persons fled away from there on the truck. The informant says that he saw the occurrence while he was sitting in the clinic of Dr. Sashi Prasad. The informant further stated that seeing the occurrence, he went to the deceased and brought him to Sadar Hospital, Chapra where he was being treated. He also stated that when he went to the deceased at the place of occurrence, he (the deceased) stated to him (the informant) that accused Umesh Bhagat had assaulted him with dagger and thereafter the accused persons, including the respondents who were present there fled away from there on the truck. The informant further stated that there was enmity between the accused persons and that the deceased due to the litigation and that due to the enmity, the deceased had been assaulted. The informant also stated that the deceased was speaking at Doriganj i.e. P. O. but his condition deteriorated and that at the time of recording of the fard-beyan (Ext.-l) the deceased was not speaking and he had become unconscious. The informant also stated that at the time of assault, the appellant Hare Ram and Mahesh Mahto had caught hold of the deceased.

(3.) On the basis of the fard-beyan (Ext.-1), a formal first information report (Ext-5) was drawn up and that present case was instituted and the investigation commenced and in course of investigation. Dying Declaration (Ext.-2) of the deceased was also recorded by a Magistrate (P. W. 6), and on completion of the investigation, charge-sheet was submitted in this case and the appellants were put on trial and after trial, they were acquitted.