RADHIKA GIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants who had been convicted under Section 302/34 of the Indian Penal Code had preferred this appeal against the judgment of conviction and sentence dated 10-7-1990 passed in Sessions Trial No. 713/23 of 1986/87 by the then 2nd Additional Sessions Judge, Jamshedpur.

(2.) It has been mentioned by the learned Advocate appearing for the appellants at the very outset that one of the appellants, namely, appellant No. 1 (Radhika Gin) had died at Sakchi Jail while undergoing sentence.

(3.) The prosecution case in brief is that Arti Gin (PW 7) of village Salbani under Ghatsila Police Station gave her fardbeyan to the Assistant Sub-Inspector of Police Sri R.B. Ram at Ghatsila Police Station on 2-8-1985 at about 12.30 p.m. at State Dispensary, Ghatsila to the effect that on that very date in the morning hours at about 5 a.m., her brother Shira Gin alias Shree Ram Gin was going towards a pond north to his house to ease himself and also she proceeded for the same purpose at some distance from her brother. When her brother, namely, Shira Gin alias Shree Ram Gin reached near the Bombay Road, all of a sudden, all the three accused persons being specifically armed, namely, Haru Mahto with danda, Radhika Gin with sword and Bhujang Gin with bhujali came there and started assaulting her brother with their respective weapons on the head region and other portion of the body of Shira Gin alias Shree Ram Gin. Her brother raised alarm and then fell down and become senseless. Hearing hulla, she went near him for saving her brother but accused Radhika Gin assaulted her with sword causing injury on her nose and then she also fell down. She further stated in the fordbeyan which has been marked as Ext. 3 in the case that all the three accused persons were talking to each other to kill her brother. On the assault made by the accused persons, her brother sustained injuries on his forehead and near left eye. After causing injuries to her and her brother, the accused persons fled away from the place of occurrence. The motive behind the occurrence was also stated by her in the fordbeyan that about one and half years back bullock of accused persons damaged the brinjal crops in her brothers field for which her younger brother Ranjit Gin, had driven out the bullock from the field and Shira Gin asked the accused persons not to do so, as a result of which, the accused persons assaulted her brother with danda and a criminal case was filed which was still going on. According to her, because of that case the present occurrence took place. In the fardbeyan she further stated that her father Vijay Gin (PW 1) and another brother Banshi Gin came to the place of occurrence and also eye-witness the occurrence. Then they took senseless Shira Gin to the State Dispensary at Ghatsila where the treatment was going on at the time when the fardbeyan was recorded.