KHEDAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal was preferred by sole appellant under Section 374(2) r/w Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") against judgment of conviction and sentence passed in Sessions Trial No. 180 of 2012/25 of 2012 by Sri Ram Shankar Singh, learned Adhoc Additional Sessions Judge 3rd, Sitamarhi (hereinafter referred to as 'Trial Judge'). By judgment dated 20-03-2013, the learned Trial Judge has convicted the appellant for commission of offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and by order dated 22-03-2013 for commission of offence under Section 302 of the I.P.C., the appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- (ten thousand). In default of payment of fine, he was directed to further undergo rigorous imprisonment for one year.

(2.) Short fact of the case is that on 29-09-2011 at 00.30 hrs., one Sub-Inspector of Riga Police Station namely Sri Dhiraj Kumar Singh (not examined) recorded fardbeyan of Chulhai Ray (P.W.3) aged about 20 years son of Ram Bharos Ray (deceased) of village Basantpur Pakdi, P.S. - Riga, District Sitamarhi. In the fardbeyan, the informant disclosed that on 28-09-2011 at about 9.00 in the night, he was returning back to his home from chowk and while he reached near the house of one Chandra Kishore Thakur, one street dog chased his, however; by using danda, he saved himself. In the meanwhile, Ram Jivan Sahni (P.W.4) of village Basantpur Pakdi, who sitting near the door of Khedan Thakur (appellant) and was taking drink, called the informant. Then he went there. Following him, his father namely Ram Bharos Ray (deceased) also arrived there, then wife of Khedan Thakur (appellant) namely Munni Devi started abusing them as to how they had arrived on her door. In the meanwhile, Khedan Thakur (appellant) came out from his house with a knife and on the back of his father Ram Bharos Ray, he gave a blow by the knife, whereafter, his father fell down and died. He stated that with Khedan Thakur (appellant) dispute was continuing and this was the reason for committing the crime. The said fardbeyan was read over to him and after finding the same correct, he put his signature on the fardbeyan. One Kishori Ray (not examined) put his L.T.I. on the fardbeyan as witness to the fardbeyan.

(3.) On the basis of said fardbeyan, on 29-09-2011 at 5.15 hrs. (5:15 AM), a formal F.I.R., vide Riga P.S. Case No. 159 of 2011, was registered for offence under Sections 302, 504, 34 of the I.P.C. against Khedan Thakur (appellant) and his wife Munni Devi. After investigation, on 25-02-2012 chargesheet was submitted against both the F.I.R. named accused persons and on 14-03-2012 learned Chief Judicial Magistrate, Sitamarhi took cognizance of the offence. Subsequently, after completing all the formalities under Section 207 of the Cr.P.C., on 17-04-2012 the case was committed to the court of sessions and finally, on 21-06-2012 charge was jointly framed against appellant and his wife for offence under Sections 302/34 of the I.P.C.