RAJ NATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under section 302 read with section 149 of the Indian Penal Code and ordered to undergo imprisonment for life for the offence punishable under section 302 read with section 149 of the Indian Penal Code by the impugned judgment of conviction and sentence order dated 24.3.1994 passed by the Addl. Sessions Judge II, Buxar in Sessions trial no. 504/1990 arising out of Nawanagar P.S. case no. 126/1988.

(2.) The aforesaid Nawanagar P.S. case no. 126/1988 was registered on 28.11.1988 at 7 p.m. on the basis of fardbeyan of P.W. 4 namely, Upendra Kumar Chaudhary who stated that on the same day at about 6 p.m. while he along with Deshbandhu Chaudhary (PW 5) and Godhan Rai (deceased) were returning from village Bajnol and got down from bus at Sonbarsa bus stand, 15 FIR named accused including appellant came on a jeep having armed with rifles and guns and started indiscriminating firings. The sole appellant and two other accused namely, Ramnath Ram and Kaushal Bind also made firing. The firing of appellant hit to him whereas firing of Kaushal Bind hit to the deceased as a result whereof deceased fell down on the ground. Accused Ramnath Ram, too, fired to the deceased Godhan Rai and also cut neck by means of Kutta. The informant along with Deshbandhu Chaudhary came to Sonbarsa outpost and got recorded his fardbeyan. The formal FIR was prepared on 29.11.1988 and the same was sent before the concerned Magistrate on 011988. However, after completion of investigation, police submitted charge sheet against all the FIR named accused including appellant for the offence punishable under section 302 and other minor sections of the Indian Penal Code. In the charge sheet four accused persons, namely, Sri Chamar, Girija Chamar, Kaushal Bind and Ramdas Chamar were shown as absconder. The cognizance was taken and the case was committed to the court of sessions in usual way. The appellant and accused were put on trial. Charges under proper sections were framed against accused persons including the appellant.

(3.) Prosecution got examined, altogether, seven witnesses and also got exhibited inquest report. The statements of the accused persons including appellant were recorded under section 313 of the Code of Criminal Procedure in which they denied the prosecution story and claimed their false implication.