BINOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 24th January, 1996 passed in Sessions Trial No. 488/94 by Sri Alok Kumar Sinha, 6th Additional Judicial Commissioner, Ranchi, whereby and whereunder the appellant Binod Kumar was found guilty under Section 302, IPC; whereas the other appellant Subodh Kumar was found guilty under. Section 302/34, IPC and both of them were sentenced to undergo imprisonment for life.

(2.) The prosecution case, in short, is that the deceased Balmiki Choudhary, younger brother of the informant, got a shop of electrical goods known as Bijay Stores in Arsande Block Chowk and he used to sell electrical goods alongwith Surya gas and similarly both the appellants who are brothers also got their shop in that very place and they also used to deal in electrical goods and Surya Gas. It has been alleged that the deceased's shop was older and he used to sell articles at a lower rate to which the appellants protested and asked him to sell the articles on the same rate at which they used to sell, which led to animosity between the parties. It has been alleged that the informant on 26.2.1994 after taking meal from his house was going to the shop of the deceased at about 1.30 p.m. or so. Then he had seen from a distance that these two appellants alongwith one unknown person near the shop of the deceased and they were abusing the deceased and in that very place, the LML Vespa Scooter bearing No. BR-14B- 0445 was standing. It has also been alleged that in course of hot exchange of words, the appellant Binod took out a revolver from the full-pant. Then the informant rushed to the shop. In the meantime, the other appellant and an unknown person asked Binod to fire and then appellant Binod fired which hit on the chest of the deceased and then all of them escaped away towards Bosia village in that very scooter standing thereon. The informant then tried to apprehend them but they escaped in the scooter and the informant then came to the shop of the deceased and found the deceased lying in front of the shop with profuse bleeding from the chest and so the informant brought a tempo and alongwith some witnesses took the deceased in injured condition to Rajendra Medical College, Bariatu where a doctor examined him in the Emergency Ward and declared him dead. The informant has alleged that this occurrence took place at about 2.30 p.m. or so and the appellant committed the murder of the deceased due to business rivalry as mentioned above.

(3.) In R.M.C.H., the O.C. Kanke P.S. on getting information of the occurrence came there and found the informant with the dead-body of the deceased. So the O.C. recorded the fardbayan of the informant at RMCH itself at 4.30 p.m. and on that basis this FIR was subsequently drawn up at the P.S.