ASHOK KUMAR SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant was charged and tried for committing the murder of Navin Kumar Singh by inflicting knife injury on him on 14 -11 -81 at Mohalla Rajendranagar, P.S. Arrah Nawadah in the district of Bhojpur.

(2.) IN the night on 13 -11 -81 at 10 -30. p.m. Girjanandan Singh, a practising lawyer in the Civil Court was in the office at his residence along with his clerk Ramawtar Singh and client Shivnanda Singh, Binod Kumar Singh, son of Girjanandan Singh along with Balajee Singh after taking their meal went out of their house to take betel in a shop in the main road. After some time Girjanandan Singh heard hulla. He came out of his house along with Ramawtar Singh and Shivanand Singh. He saw appellant running away towards north with a blood -stained dagger. Navin Kumar Singh was crying at the gate of one Brij Bihari Srivastava situate to the south of the house of Girjanandan Singh. Navin Kumar Singh was lying seriously injured. In the meantime, Binod Kumar Singh and Balajee Singh arrived. Girjanandan Singh was told by Binod Singh and Balajee Singh that while they were going towards main road for taking betel they had seen the deceased Navin Kumar Singh and accused Ashok Kumar Srivastava talking and they had asked Navin Kumar Singh to go back home. They proceeded east and Navin Kumar Singh proceeded towards west. The appellant attacked the deceased with dagger. Navin Kumar Singh was removed to Arrah Sadar Hospital in unconscious condition where he was given medical aid. He was taken to Patna Medical College Hospital On 14 -11 -81 where he remained unconscious and ultimately on 18 -11 -81 he succumbed to his injuries.

(3.) THE appellant pleaded not guilty of the charge. He asserted that he had no animous against the deceased. The prosecution purposely introduced a false case against him. It was also the case of the appellant that the deceased was assaulted at another place and not in Mohalla Rajendranagar. The deceased died due to stab injuries in P.M.C. H on 18 -1.1 -81 which cannot be disputed. Just after the incident Navin Kumar Singh was examined by Dr. Ugra Pratap Nr. Singh. Three stab injuries were found on his person. Similar injuries wee found in post -mortem examination.