RAKESH KUMAR @ RAKESH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by the sole appellant/ convict is directed against the judgment and order dated 23rd January, 2002 passed by learned 2nd Additional Sessions Judge, Khagaria in Sessions Case No. 294 of 1999 (arising out of Parbatta P.S. Case No. 20/99). By the said judgment and order the appellant has been convicted under sec. 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life and also to pay a fine of Rs. 500.00 only and in default to undergo further rigorous imprisonment for three months. No separate sentence has been awarded for the charge under sec. 27 of the Arms Act.

(2.) According to the Fardbeyan lodged by RW. 5, Sanjay Kumar Chaudhary the alleged occurrence took place in the night between 24th/25th February, 1999 at about 12.30 A.M. in village Chak Prayag when a marriage procession (Barat) was about to arrive at the Darwaja of one Chandradeo Chaudhary whose daughter Rani Devi was to be married in that night and in relation whereof the Barat had arrived from village Kanhaiyachak. In the Fardbeyan it is alleged that at the relevant time when the Barat was about to be received at Darwaja there was firing being made from both the sides and in that transaction accused Rakesh Kumar Chaudhary fired a gun which he was holding in his hand at the younger brother namely Babloo Kumar Chaudhary of the informant deliberately with a view to cause his death. The injured fell down on receiving gun shot injury on his back and within a short time he died at the place of occurrence itself. As per Fardbeyan the occurrence was witnessed by neighbours such as Kaushal Kishore Chaudhary (RW. 3). Upendra Chaudhary (RW. 4) Mahendra Chaudhary etc. The motive for the occurrence was alleged to be some differences between the two families on account of cutting of grass in the field. It was further alleged that about a fortnight earlier some exchange of abuses had taken place on that account.

(3.) The Sub-Inspector of Police, Shivnandan prasad (RW. 6) recorded the fardbeyan, drew formal F.I.R. and investigated the offence. He has proved the Fardbeyan (Ext. 2). formal F.I.R. (Exhibit-3) seizure-list of blood stained earth from the place of occurrence as Exhibit-4 and Inquest Report Exhibit-5. After conducting investigation and recording statements of witnesses under Sec.161 Cr.P.C. he submitted charge-sheet against the accused/appellant leading to the trial and the impugned judgment and order of conviction.