BHIM SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

(2.) Appellant, Bhim Singh, who has been found guilty for an offence punishable under Section 302/34 of the Indian Penal Code vide judgment of conviction dated 28.10.2013, sentenced to undergo rigorous imprisonment for life vide order dated 31.10.2013 by the Adhoc 2nd Additional Sessions Judge, Bhojpur, Ara in Sessions Trial No. 32 of 2011 arising out of Bihia P.S. Case No. 124 of 2010, has preferred instant appeal.

(3.) Jaynandan Singh (P.W.7) gave his fardbeyan on 17.06.2010 at his house before the Station House Officer of Bihiya Police Station disclosing therein, that he along with his brother Dhanlal Singh (deceased) happened to be engaged as labourer under Sunil Tent House. On 12.06.2010 at about 09:30 p.m. while they were erecting Samiyana at Sona Gachhi orchard, Akshay Pratap Singh, son of Kamindra Singh came and took away his brother Dhanlal Singh on the pretext of going to Darwaza and coming back soon thereafter. When Dhanlal Singh did return till 11:00 p.m., then informant along with his uncle Rajnandan Singh (P.W.5) went in search of Dhanlal Singh and during course thereof, when they reached near orchard lying by the side of railway line, they saw Akshay Pratap Singh, Bhim Singh, Prahalad Singh having indulged in assaulting Dhanlal Singh after throwing him on ground and further, found pouncing upon him and during said course, they had pressed his chest as well as were also assaulted with butt of gun. When they arrived, all the three accused persons began to abuse and chased on account of which, they escaped therefrom in order to save their life. After sometime, they all left the scene putting Dhanlal in an injured condition. Thereafter, they lifted Dhanlal in unconscious, injured condition to Ara Hospital where he was privately examined. As he was referred to P.M.C.H., on 14.06.2010 at about 06:00 a.m. he was admitted at P.M.C.H. and during course of treatment he died in the morning. It has also been disclosed that at P.M.C.H. he had given his fardbeyan, but the same has been received, on account thereof, he has given subsequent statement. It is also evident from the fardbeyan that though the informant had disclosed specifically the cause of assault but had disclosed the cause of occurrence might be on account of prevailing animosity. The aforesaid fardbeyan was recorded in presence of Ram Minat Singh, grand-father of informant who has been examined during course of trial.