HARI SHANKAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal was preferred by the sole appellant under Section 374 (2) read with Section 389 (i) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against judgment of his conviction and sentence in Sessions Trial No. 950 of 2008 (arising out of Sarairanjan P.S. Case No. 02 of 2004) . The appellant by judgment of conviction dated 22-05-2012 has been held guilty under Section 302 of the Indian Penal Code, 1860 (for short "I.P.C.") and Section 27 of the Arms Act, 1959 and by order of sentence dated 28-05-2012, the appellant has been directed to undergo imprisonment for life under Section 302 of the I.P.C. and further, he was sentenced to undergo rigorous imprisonment for 5 years under Section 27 of the Arms Act, 1959. All the sentences were directed to run concurrently.

(2.) Short fact of the case is that on 16-01-2004 at 9:15 AM (morning) , Sub-Inspector of Police Sri Sanjay Kumar recorded fardbeyan of Asha Devi (P.W.4) wife of Ram Kumar Chaudhary (deceased) of village Jitbarpur (Kumhira) , Police Station - Sarairanjan, District - Samastipur. The fardbeyan was recorded at Bathan of deceased Ram Kumar Chaudhary. In the fardbeyan, the informant (P.W.4) stated that on preceding night i.e. 15-01-2004, she alongwith all family members, after taking meal at about 9:00 PM, went for sleeping, but her husband Ram Kumar Chaudhary (deceased) as usual went for sleeping on a cot in bathan. In the night at about 30 hrs., she awoke after hearing three sounds of firing from the bathan side, thereafter, she ran towards the bathan and saw that her farik (pattidar) Hari Shankar Chaudhary (appellant) son of Baleshwar Chaudhary was fleeing away towards northern side, then she switched on her torch and raising alarm, started chasing him, however; he succeeded in fleeing away. She further stated that thereafter she returned back to bathan and noticed that her husband Ram Kumar Chaudhary had already died due to fire-arm injury on his ribs. On her alarm as well as after hearing sound of firing, neighbours also arrived there. Till that time, Hari Shankar Chaudhary (appellant) had already fled away. The reason for the occurrence was explained by the informant that the appellant was regularly quarreling with his brother, in which, her husband was trying to mediate, due to this reason, the appellant was using filthy language against her husband, on the plea that the deceased was the reason for creating dispute in the family of the appellant. She further alleged that the appellant was always threatening for killing.

(3.) After recording fardbeyan, a formal F.I.R. was drawn on the same date i.e. on 16-01-2004 at 11:45 AM, vide Sarairanjan P.S. Case No. 02 of 2004, under Section 302 of the I.P.C. and Section 27 of the Arms Act, 1959 only against the appellant. At much belated stage on 13-09-2008, chargesheet was submitted against the appellant and after cognizance, the case was committed to the court of Sessions on 18-11-2008 and it was numbered as Sessions Trial No. 950 of 2008. Thereafter, on 05-01-2009, charge under Section 302 of the I.P.C. and Section 27 of the Arms Act, 1959 was framed against the appellant.