SITA RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Sita Ram Singh has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs. 10,000/- and in default thereof, to undergo S.I. for six months with a further direction that the period having undergone during course of trial would be subject to set off in accordance with Section 428 of the Cr.P.C. vide judgment of conviction dated 15.06.2015 and order of sentence dated 16.06.2015 passed by the Additional Sessions Judge- 4th, Siwan in Sessions Trial No. 533 of 2012.

(2.) Pw-6, Charan Das Sharma, who happens to be Fufa of the victim Vikas Kumar Sharma (PW-4) filed written report on 26.12011 disclosing therein that on the same day at about 7.30 a.m., he got information from the village-Chaumukha over mobile that son of his Sala namely Vikas Kumar Sharma aged about 15 years has been victimized by unknown person by way of slitting his neck in order to commit his murder and his body has been left near Sugarcane field south to the pitch road, whereupon he was taken to Sadar Hospital, Siwan, but seeing the precarious condition of the injured, he was referred to P.M.C.H. On aforesaid information, he came to village-Chaumukha and inquired from the inmates of the house, who disclosed that Vikas used to sleep along with his younger brother at upper floor of the house. He was a student of Class-X. Usually, he came out in morning to meet nature's call. Today, he received call over mobile, whereupon left the house without disclosing anything to anybody. At about 7.30 a.m. villagers informed regarding the mishappening.

(3.) On the basis of the aforesaid written report, Pachrukhi P.S. Case No. 237 of 2011 was registered against unknown. However, during course of investigation, complicity of appellant including his son as well as his wife (since acquitted) were traced out and that being so, chargesheet was submitted against them facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.