JAI PRAKASH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, after being convicted and sentenced, has filed the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.').

(2.) The appellant by judgment dated 30-08-2013 was held guilty and convicted for offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). By order dated 31-08-2013, under Section 302 of the I.P.C., the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- (ten thousand). In case of default in payment of fine, he was directed to further undergo simple imprisonment for three years. The judgment of conviction and sentence has been passed by learned Adhoc Additional Sessions Judge 4th, Araria (hereinafter referred to as 'Trial Judge') in Sessions Trial No. 1091 of 2010/Trial No. 97 of 2010 (arising out of Jogbani P.S. Case No. 8 of 2010).

(3.) Short fact of the case is that on 19-01-2010 at 18.30 hrs. (6:30 P.M.), the Sub-Inspector of Police Sunil Kumar, S.H.O., Jogbani Police Station, Araria recorded fardbeyan of Sakaldev Das (P.W.11) son of Sukadev Das (P.W.10) of village Amona, P.S. - Jogbani, District - Araria. The said fardbeyan was recorded in Referral Hospital, Forbisganj, Araria in presence of Sushil Das (P.W.8). In the fardbeyan, the informant (P.W.11) disclosed that on the same date in the evening at 5:30 PM, he was standing on road opposite his house. At the same time, his brother Vijay Das aged about 30 years (deceased), Sushil Das (P.W.8), Lootan Das (P.W.4), Anil Das (P.W.2), all resident of village Amona and other co-villagers were going to bring deity of Maa Sarswati to Sonapur. As soon as his brother Vijay Das (deceased) reached on the road near the house of Jai Prakash Das (appellant) suddenly son of Sahdeo Das namely, Jai Prakash Das (appellant) came nearer to his brother and gave knife blow on the left side of the chest of his brother and fled away alongwith knife towards his house. After getting knife injury, his brother Vijay Das fell down and started squirming. The informant and others tried to rescue his injured brother, in the meanwhile, Jai Prakash Das (appellant) fled away even from his house. The informant carrying his injured brother Vijay Das came to Referral Hospital, where he was declared dead. The informant further disclosed that one day prior to the occurrence, Jai Prakash Das (appellant) at about 10:00 PM in the night was beating his father Sahdeo Das, who raised hulla and thereafter, number of villagers including his brother (deceased) assembled there and saved father of the appellant from beating. It was further disclosed that the deceased also had slapped Jai Prakash Das (appellant). Thereafter, appellant had threatened to take revenge. This was the reason that the appellant, by inflicting knife blow, had killed his brother. The occurrence was seen by other villagers also. The said fardbeyan was read over to him and after finding it correct, in presence of his younger brother Sushil Das (P.W.8), this witness put his signature. As witness to the fardbeyan, his younger brother Sushil Das (P.W.8) put his L.T.I. (Left Thumb Impression).