RANJIT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal by sole appellant is against the judgment and order dated 28 -7 -94 passed by 2nd Addl. Sessions Judge, Muzaffarpur in Sessions Trial No. 29/93 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of the Indian Penal Code, (in short 'I.P.C.') and R.I. for five years under Sections 376/511 of I.P.C. Both the sentences have, however, been ordered to run concurrently.

(2.) THE prosecution case as stated by informant Ram Milan Singh (P.W. 5) in his fardbeyan (Ext. 3) in short is that on 6 -3 -92 at about 4.30 a.m. in the morning as per his daily routine, he along with his wife Nutan Devi after crossing railway line was going to his 'bathan' and when they reached near the 'bathan' of Sarpanch he sat for urinating but his wife continued moving and when she had crossed a distance of about 50 yards towards west, she all of a sudden cried for help and informant then ran to the place from where his wife was crying, he found that the appellant was attempting to commit rape on her and she was protesting. Nutan Devi received injury on her left hand by Chhura and when the appellant saw the informant he cut the throat of Nutan Devi and chased the informant who ran raising hulla, Nutan Devi even after receiving injuries ran away from there but she fell down near the 'bathan' of Jagdish Singh (P.W. 4). She in presence of Hardwar Singh (P.W. 3), Baijnath Singh (P.W. 6) and Gagan Dev Singh (not examined) wrote the name of appellant on a plain paper as her assailant and thereafter, she became unconscious. In the meantime, number of villagers assembled there and Nutan Devi was taken to the Hospital where she died. Fardbeyan of informant was recorded by S.I. Ajay Thakur (not examined) on 6 -3 -92 at 12 hours at S.K. Medical College and Hospital, Muzaffarpur. On the basis of fardbeyan of informant a formal F.I.R. (Ext. 4) was drawn under Sections 302 and 376/511, I.P.C. against the appellant and the police after investigation submitted charge -sheet under the same sections against the appellant.

(3.) IN order to prove its case, the prosecution has examined seven witnesses in this case. Ram Milan Singh (P.W. 5) is the informant and husband of deceased Nutan Devi. Dr. Binod Kumar Mehta (P.W. 2) is the doctor who had conducted the autopsy on the dead -body of deceased Nutan Devi. Ashok Kumar (P.W. 1), Hari Prasad Singh (P.W. 3), Jagdish Singh (P.W. 4), Baijnath Singh (P.W. 6), father of informant and Arjun Singh (P.W. 7) are the witnesses who on hearing hulla had gone to the place near the 'bathan' of Jagdish Singh (P.W. 4) where the deceased Nutan Devi after receiving injuries was lying. Surendra Prasad (P.W. 8) is the I.O. of this case but as his examination -in -chief remained incomplete and as thereafter he was not produced for his further examination and cross -examination his evidence has not been considered by the Court below.