RAM KUMAR ISHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appellants have been convicted under section 302/34 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for life. Appellant Ram Kumar Ishar has been further convicted under section 302 of the Indian Penal Code but no separate sentence has been awarded to him under this count.

(2.) There is a High School in village Han Prasad, police station Jandaha within the district of Vaishali, which is popularly called Han Prasad Janta High School. P.W. 1 Ramyad Jha was the Headmaster of that school in the year 1980. The deceased Brajnandan Prasad Sinha was a clerk of the said High School. The informant Ajit Kumar Sinha (P.W. 7), (wrongly written as Anjani Kumar Sinha in paragraph 2 of the judgment) is the son of the aforesaid Brajnandan Prasad Sinha, the deceased: and on 10th September, 1980, he was a student of that social. The deceased and P.W. 7 were residents be village Kumaiya and both of them used to attend the school from their house. On that fateful day, i.e. 10th September, 1980, at about 10.15 a.m. the informant (P.W. 7) along with his deceased father left their house for the school. While they were coming to the school, these two appellants came out of a maize field. Appellant Sanjeeb Kumar caught hold of the deceased from the back and appellant Ram Kumar Ishar assaulted him (the deceased) with garasa. Sanjeeb was armed with a dagger and Ram Kumar was armed with a garasa which is generally used for cutting grass. All this happened when they were about 250 yards south of the school. Sanjeeb Kumar felt the deceased down in the field and also assaulted him with chhura. Ram Kumar also assaulted the deceased on the neck. The informant raised alarm. Both the appellants threatened the informant to kill him on which he ran towards the school. The appellants chased the informant but when they found persons coming, they tied away. Some of the students and others who came on hulla, chased the appellants and they succeeded in apprehending appellant Sanjeeb Kumar who was brought to the school. Appellant Ram Kumar, however, succeeded to escape away. The deceased was taken to the school with the help of the Headmaster (P.W. 1) and others. A homeopath doctor was called there who advised them to take the deceased, who was alive at that time, to Samastipur hospital. A jeep was arranged and the deceased was taken on the jeep for Samastipur but on the way he succumbed. Thereafter the dead body was again brought back to the school. Soon thereafter, the SubInspector of Police (P.W. 9), who was at that time posted at Jandaha police station as Junior SubInspector, came to the place of occurrence on the basis of some information. He (P.W. 9) reached the school at 12.30 p.m. Large number of people had gathered there. He also found a jeep bearing number WEP-5665 in which the dead body was lying. He recorded the statement of P.W. 7, which is Exhibit 4, on the basis of which a formal first Information Report was registered and a case was instituted. He took up the investigation of the case. He also took charge of appellant Sanjeeb Ku mar.

(3.) After completion of the investigation, charge-sheet was submitted and ultimately those two appellants were put on trial where nine witnesses were examined on behalf of the prosecution to prove the charges. The appellants denied the allegation. Four witness were also examined on their behalf. D.W. 1 had brought a register from Hajipur hospital D.W. 2 is a pleader Commissioner who had measured the distance of the school from the place of occurrence; D.W. 3 is a warden of Hajipur jail and he had brought the admission register; and D.W. 4 is a Civil Surgeon posted at Hajipur during the relevant period and he proved some entries of the jail. On a consideration of the entire evidence and materials on the record, the learned court below convicted and sentenced the appellants as staled above.