RAMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant was convicted on 16-04-2013 for commission of offence under Sections 302 and 392 of the Indian Penal Code, 1860 (for short 'I.P.C.') and by order of sentence dated 18-04-2013, he has been directed to undergo rigorous imprisonment for life under Section 302 of the I.P.C. and to pay a fine of Rs. 5,000/- (five thousand) . In default of payment of fine, he has been directed to further undergo imprisonment for one year. Under Section 392 of the I.P.C., he has been sentenced to undergo rigorous imprisonment for five years and fine of Rs. 2,000/- (two thousand) and in default, he has been directed to further undergo imprisonment for six months. The appellant was convicted and sentenced in Sessions Trial No. 277 of 2011 {arising out of Siswan (Chainpur O.P.) P.S. Case No. 23 of 2011} by Sri Janardan Tripathi, learned Adhoc Additional District & Sessions Judge V, Siwan (hereinafter referred to as the 'Trial Judge') .

(2.) Short fact of the case is that on 19-02-2011 in Sadar Hospital, Siwan at 2:30 AM, Sri Ashish Kumar Mishra, Probationer Sub-Inspector recorded fardbeyan of one Bacha Sah (deceased) . In the fardbeyan, Bacha Sah disclosed that on 18-02-2011 at about 7:30 PM, after closing his shop of rice and wheat, he was returning home with sale proceed. On way, opposite the campus of Shyamdeo Babu (";kenso ckc w d s gkrk d s lkeus) he was stopped by one Rama Singh of village Chhota Nawada, who was having criminal antecedent and recently he had come out from the jail. The informant disclosed that Rama Singh was carrying a hockey stick in his hand and by the hockey stick, he assaulted him and thereafter, after snatching 10-15 thousand rupees from him, he fled away. The informant, due to serious injury, fell down. Villagers informed his sons, thereafter, he was carried by them to hospital. The said fardbeyan was read over to him and thereafter, the informant put his L.T.I., which was identified by his two sons namely Sanjeet Kumar Sah (P.W.2) and Sonu Kumar Sah (not examined) .

(3.) After recording fardbeyan, on 19-02-2011 at 18.30 hrs. (6:30 PM) , a formal F.I.R., vide Siswan (Chainpur O.P.) P.S. Case No. 23 of 2011, was registered for offence under Sections 341, 323, 307, 379 of the I.P.C. against the sole appellant. Subsequently, after death of the informant, which occurred on 27-02-2011, by the order of the court dated 25-03-2011, Section 302 of the I.P.C. was added in the F.I.R. During investigation, the accusation was found true and thereafter, on 21-05-2011 chargesheet was submitted against the sole appellant and thereafter, on 24-05-2011, the learned Magistrate took cognizance of the offence. After completion of all formalities under Section 207 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") , on 04-06-2011, the case was committed to the court of sessions. After the case being committed, it was numbered as Sessions Trial No. 277 of 2011. In the case, on 27-07-2011, charge under Sections 341, 392 & 302 of the I.P.C. was framed and to establish its case from the prosecution side, altogether seven witnesses were examined. Out of seven prosecution witnesses: