BIHARI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant in this appeal is Bihari Prasad who was aged only 22 years at the time of his conviction in the year 1988. The appellant was tried before the 5th Additional Sessions Judge, Arrah for having committed murder of Sheo Shankar Ram on 17-3-1986. Learned Additional Sessions Judge found the appellant guilty under Section 302, IPC and sentenced him imprisonment for life.

(2.) The case of the prosecution as unfolded in the First Information Report and evidence in Court has been accurately stated in paragraphs No.2 to 4 of the judgment under appeal as extracted below for convenience sake:

(3.) After finishing her examination of certain papers, PW 7 along with her husband went to their house situated at village Pawna. The deceased Sheo Shankar on being asked by his brother Sudama Ram, the informant told him the entire story relating to the evil design of the accused to have sexual connection with PW 7 and the protest made by her against his action as well as the altercation and assault that took place between the accused and the deceased and also threat hurled by the accused on the life of the deceased Sheo Shankar Ram. The informant Sudama Ram (PW 8) had reasonable apprehension that the accused might assault his brother and so he accompanied his brother Sheo Shankar Ram and his wife (PW 7) to Arrah where PW 7 was to appear at the examination of the rest subjects and all the three persons went to Arrah. On 17-3-1986 PW 7 went to her examination centre to appear at the examination. At about 3 p.m. While PW 7 was in Examination Hall her husband Sheo Shankar Ram and his brother Sudama Ram (PW 8) had been in the compound of Sone Cannal department where they were to wait there till the examination was to be over. The accused went to the deceased Sheo Shankar Ram who was lying on the grassy lawn and PW 8 was moving a little away from there. The accused soon gave a dagger blow on the deceased Sheo Shankar Ram on his neck and he took to heels. PW 8 raised alarm and he chased the accused to some distance. However, he could not catch hold of him and he ran away after crossing the boundary wall of the compound referred to above. Certain M.M.P. Constables such as Keshaw Ram (PW 1), Gopal Sharma (PW 2), Jageshwar Ram (PW 3) and Murli Singh (PW 4) who had been on examination duty also happened to reach the scene of occurrence and some of them saw and identified the accused fleeing away after committing crime and they also followed the accused but, in vain as he jumped the compound wall and made good escape.