WILLIAM ANTHONY ALIAS BABU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal, at the behest of the sole appellant (William Anthony alias Babu), is directed against the judgment and order dated 7-3-1990 in S.T. No. 30 of 1986 passed by Sri Tarkeshwar Prasad, the then 2nd Addl. Sessions Judge, Jamshedpur, whereby and whereunder the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment thereunder. Further, the appellant has been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years on that count. Both the sentences have been ordered to run concurrently.

(2.) Briefly stated, the prosecution case, as made out in the fardbeyan (Exhibit 1/1) is as under : The informant (Shyama Prasad Rai), PW-1 lodged an information that on 28-1-1983 around 10.20 p.m. he received a telephonic call from one Israil, a friend of his son (Pradeep Narain Rai @ Presidh), from Tata Main Hospital at Jamshedpur, conveying that Pradeep Narain Rai @ Presidh, his son, was seriously injured and was admitted to the hospital for treatment. On receipt of the telephonic message, the informant accompanied by his younger son (Anjani Kumar), PW-9, reached the hospital on a Scooter within 15 minutes. At that time, Pradeep Narain Rai, his son was admitted in the Main Surgical Ward and the doctor was giving him treatment. On Seeing the informant, Pradeep Narain Rai told "BABUA MAIN NAHIN BACHUNGA. WILLAM @ BABU JO TERESE KA BHAI HAI USNE MUJHE GOLI MAR DIYA.

(3.) The case was, ultimately, committed to the Court of Session by Sri O.P. Sinha, the then Additional Chief Judicial Magistrate, Jamshedpur, vide order dated 2-1-1986.