AMIR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred by the sole appellant, namely, Shri Amir Thakur against the impugned judgment of conviction dtd. 29/3/1995 and sentence order dtd. 30/3/1995 passed by the learned 9th Additional Sessions Judge, Patna, in Sessions Trial No. 592 of 1993, arising out of Dhanarua P.S. Case No. 73 of 1988 whereby and whereunder, he convicted the appellant for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) Briefly stated the fact of the prosecution case is that deceased Baleshwar Prasad gave his fardbeyan to P.W.-5, namely, Deepak Kumar Ambastha, the then, S.I. of Pirbahore Police Station, Patna on 18/5/1988 at 12.25 P.M. at Operation Theater of P.M.C.H., Patna to this effect that on the same day between 5.30 A.M. to 5.45 A.M. while he was taking tea at Dhanarua Block, FIR named accused, namely, Jatha Bind came there and opened fire on him. F.I.R. named accused Chhathu Jamadar was also with the aforesaid Jatha Bind. The above stated Chhathu Jamadar, too, fired upon him, but fire of Chhathu Jamadar did not hit him. Deceased Baleshwar Prasad further stated in his fardbeyan that Bhonu Jamadar, son of Chhathu Jamadar, Buta Jamadar and appellant Amir Thakur were also with Jatha Bind. He, further, claimed that firearm of Jatha Bind hit on his left chest and left Panjara. He, further, claimed that after the occurrence, he was brought to P.M.C.H., Patna for treatment. He claimed that the aforesaid occurrence took place on account of land dispute because F.I.R. named accused persons including the appellant belonged to Nexalite Group and that was the reason, they committed the alleged occurrence. Deceased further claimed that at the time of alleged occurrence, his son was also present on the place of occurrence and witnessed the occurrence and apart from this, some other persons were also present there and saw the occurrence. Deceased further disclosed in his fardbeyan that his statement was being recorded while he was in Operation Theater and the aforesaid statement was recorded in presence of doctor.

(3.) The fardbeyan of deceased was sent to Dhanarua Police Station and, accordingly, on the same day i.e., on 18/5/1988 Dhanarua P.S. Case No. 73/88 under Ss. 307/34 of the Indian Penal Code and 27 of the Arms Act was registered and formal F.I.R. was drawn up on the same day at 6 P.M. against the appellants and others for the offence punishable under Ss. 307/34 of the Indian Penal Code and 27 of the Arms Act.