AMRESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction and sentence passed by the 4th Additional Sessions Judge, Dhanbad, in Sessions Trial No. 99 of 1994 on 22-6-1995 and 23-6-1995 respectively by which both these appellants were convicted under Sections 302/34 of Indian Penal Code and were sentenced to undergo rigorous imprisonment for life.

(2.) Briefly stated, the prosecution case, as mentioned in the written report (Ext. 1) submitted by Sheikh Jakir (P.W. 3) to the officer incharge, Bhuli Out- Post, Dhanbad, on 22-10-1993, is that he alongwith his brother Sheikh Akhtar (deceased) were running a tea-stal near Jharkhand More and on 22-10-1993 at about 7.00 p.m., two Jawans (constables) of B.M.P. Camp came to the shop of the informant and asked Sheikh Akhtar to bring wine for them, which was refused by Sheikh Akhtar, whereupon they were enraged and abused him. Further case of the prosecution is that the constables returned to their Camp, got wine through some one else and then called Akhtar there who was made to take wine there and, thereafter Akhtar returned to his shop. The case of the prosecution is that thereafter, the two constables Amresh Kumar and Ravi Bhushan Dubey (appellants) came there to his shop and started abusing him and then again they went to their Camp and brought a rifle and one of the constables felled Akhtar by hitting him with the butt of the rifle and dragged him to the road where he sat on his chest and pierced the bayonet of the rifle in the neck of Akhtar, as a result of which he died. It was claimed that the occurrence took place in presence of Gopal Mahto (P.W. 4) and Sheikh Murtaza (P.W. 3).

(3.) On receipt of the written report (Ext. 1), it was sent to Dhanbad (Bank More) PS. for registering a case, where Dhanbad (Bank More) PS. Case No. 659 of 1993 was registered under Sections 302/34 of Indian Penal Code against both these appellants and the police, after due investigation, submitted charge-sheet against these appellants and after commitment of the case, the appellants were put on trial and were convicted as aforesaid.