BHAGWAN PRAJAPATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction recorded by Sri Chandra Shekhar Sharma, Sessions Judge, Hazaribagh, in Sessions Trial no. 51 of 1987 through which the sale appellant was found guilty under Section 302 of the India Penal Code and he was convicted and sentenced to undergo imprisonment for life.

(2.) THE prosecution case. in short, is that on 29.8.86 at about 6 p.m. or so, the deceased Chandar Prajapati had gone to the house of his neighbour Jodhan Sao (P.W. 4) and after an hour or so, the informant after cooking meal came out of her house to call her husband. But in that process, she had seen her husband coming out from the house of Jodhan Sao, but he was apprehended by Lurka Prajapati in front of the house in the lane. Lurka caught hold of the deceased and the appellant Bhagwan Prajapati gave a chhura blow in the abdomen of the deceased. Due to that the deceased had fallen on the ground. On alarm, some witnesses also arrived and the deceased was immediately taken to Chatra sub -divisional hospital on a ricksaw in seriously injured condition. The attending doctor that is the Deputy Superintendent, Chatra hospital sensing the critical condition of the deceased sent requisition for recording of the dying declaration and the matter was also reported to the police. It is also the prosecution case that at about 9.30 or so Mr. William Minz Judicial Magistrate, Chatra, recorded the dying declaration of the deceased in the hospital in presence of the attending doctor, but the deceased in course of treatment died in the hospital on the next morning at about 8 a.m.

(3.) ON the death of the deceased, again the matter was reported to the police by the hospital authorities. Then the police arrived and prepared the inquest, recorded the fardbayan of the informant who is the wife of the deceased in the hospital itself and then the dead body was sent for post mortem. After completing the investigation, the police submitted chargesheet as against this appellant and Lurka Prajapati.