RAJO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 24th April, 2002 passed by Additional Sessions Judge -2. Khagaria in Sessions Trial No. 311 of 1995 whereby the appellant has been convicted under sec. 302 of the Indian Penal Code and by order dated 26.4.2002 he has been awarded rigorous imprisonment for life and also a fine of Rs. 2000.00 and in default to undergo rigorous imprisonment for further one year.

(2.) THE Fardbeyan of the informant Ram Bilas Yadav was recorded by Sub -Inspector of Police. Sri Narain Singh of Khagaria Police Station on 15.11.1994 at 22.45 hours at the place of occurrence. The prosecution case which gave rise to Khagaria P.S. Case No. 383 of 1994 is in brief to the effect that on the same day at about 6 P.M. Statto Sharma was hurling abuses while going towards his house through the road. At that time the informant was near the closed betel Gumti Shop of Narain Sao. He got the impression that abuses were directed against him and hence he went near and enquired the reason for abuses. Satto Sharma clarified that abuses were not meant for him and the informant went to his house then at about 7 in the evening the informant and his mother Deoki Devi (the deeased) were at their house and at that time the appellant with .303 (country made pistol) along with five other co -accused which included four brothers and one son of the appellant came variously armed near Bhuskar of Ram Badan Yadav and from there they started hurling abuses. The informant and his mother went near them and at that time wife of the appellant Kala Devi also reached that place. Informant 'smother objected to the altercation and pleaded that if the informant has committed any wrong then the matter should be settled through Panchayatee. On that the appellant aimed his pistol at mother of the informant. The appellant 'swife Kala Devi caught the barrel of the pistol and dissuaded the appellant from making any firing but in that position itself the appellant fired the shot hitting the deceased Deoki Devi in the chest causing instant death and it also caused injury in palm of left hand of Kala Devi, the wife of the appellant. Allegedly on hulla many people came and witnessed the occurrence which included Chandra Bhushan Yadav (P.W.5). Kamleshwari Yadav (P.W.1). Upendra Yadav (P. W.3) and Chandra Kala Devi (P.W.6).

(3.) THE prosecution, in order to prove its case has examined altogether nine witnesses. The informant Ram Bilas Yadav died before he could be examined in the trial. P.W.1 Kaleshwari Yadav, P.W.3 Upendra Yadav, P.W.5 Chandra Bhushan Yadav and P.W.6 Chandrakala Devi have claimed to be eyewitnesses of the occurrence and they also appear to find mention as witnesses in the fardbeyan. P.W.2 Sudhir Soren a Constable is only a formal witness who has proved fardbeyan as Exhibit 1 and formal F.I.R. as Exhibit 2. P.W.4 Bishundeo Sah has claimed to have heard different versions and has taken the stand that he did not see the occurrence nor he gave any statement to the police. It further appears that the prosecution has cross -examined him in respect of his earlier statement made before the police but since after four years of the occurrence he clearly admitted that he has not seen the occurrence. His version is of no help to the prosecution. P.W.7 Ram Badan Yadav is also a formal witness who has proved his an another signature on the inquest report as Exhibits 3 and 3/1. P.W.8 Dr. Awadhesh Kumar Yadav held autopsy on the dead body of the deceased. He found a fire -arm injury on the chest and bullet was lodged inside. He has proved the post mortem report as Exhibit 4. P.W.9 Sri Narayan Singh the then Officer Incharge of Khagaria Police Station is the Investigating Officer.