NIKHIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Nikhil Kumar Singh, being aggrieved by and dissatisfied with the judgment of conviction dated 13.3.2002 and order of sentence dated 16.3.2002 passed by the Additional Sessions Judge, Fast Track Court-I, Gopalganj, in Sessions Trial No. 15 of 1989/105 of 2001 convicting him for the offence under sec. 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life, has filed the present appeal.

(2.) Yogesh Chandra Mishra, Sub. Inspector of Police, Gopalganj, P.W.10, was deputed on 19.10.1988 at Treasury Chowk, Gopalganj town for maintenance of law and order on the eve of Dushhra festival along with force consisting of Home Guard Jawans, namely Sri Anil Kumar Pandey, Sri Gandhi Ram, Sri Achhelal Yadav, Sri Mahesh Mall and Sri Chandra Shekhar Prasad Kushwaha besides a Junior Engineer of Public Works Department as a Magistrate. A statue of Durga Devi was installed at the Treasury Chowk and on 19.10.1988, the Naumi-day, there was huge rush of people. It is alleged that at about 9 P.M. the informant, Yogesh Chandra Mishra, saw a man stabbing another man with a big knife on his back. The man, who was stabbed received injury and fell down. The assailant started running away but the informant with the help of force caught hold of him and also recovered the blood stained big knife. The man arrested disclosed his name as Nikhil Kumar Singh son of Bachcha Singh of village Chhawahi Khas Police Station Manjhagar district Gopalganj and a love letter was also recovered from his possession addressed to a girl, Reshmi Kumari. The appellant, Nikhil Kumar Singh also disclosed the name of his associates as Sanjay Singh, Babloo Singh, Ajay Singh, Munna Singh and Laddu @ Intejar, who run away from there. The injured who was, later on, named Anil Kumar Gupta was immediately taken to Sadar Hospital, Gopalganj for his treatment but he died there. The informant, Yogesh Chandra Mishra along with the appellant, Nikhil Kumar Singh and blood stained knife came to the police station, Gopalganj and lodged an F.I.R. (Ext.1). A case under sections 147, 148, 149 and 302 of the Indian Penal Code was registered. Gaya Tiwari, Officer incharge of Gopalganj police station took up the investigation of the case and prepared production list of dagger and the letter (Ext.3) recovered from the possession of the appellant. He inspected the place of occurrence and picked up blood on a cotton and prepared a seizure list of the same (Ext. 3/1). He recorded the evidence of the witnesses and obtained Postmortem report. After completing the investigation, he submitted chargesheet against three accused persons, namely, Nikhil Kumar Singh (appellant herein), Roop Kishore Singh and Upendra Singh (both acquitted) showing other accused as not sent up. The above three accused persons against whom chargesheet was submitted were put on trial.

(3.) The defence case is of denial simplicitor. No evidence has been adduced on behalf of the defence but the certificate of Bihar School Examination Board (Ext.A) has been filed to show that he was juvenile at the time of occurrence as his date of birth stands recorded as 5.3.1974.