BRAJ KISHORE TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13th January, 1987 passed in Sessions Trial No. 51 of 1978 by 1st Additional District & Sessions Judge, Saran, Chapra, convicting and sentencing the appellant to undergo life imprisonment under Section 302/34 of the Indian Penal Code.

(2.) The facts of the prosecution case, in short, are that on 4 -3 -76 at about 7 -7.15 p.m. there was an uproar in the student class of Jyoti Cinema Hall situate at Chapra, P.S. Town, District Saran, that a boy had become unconscious. At that time, the evening show from 6 p.m. to 9 p.m. was going on. The boy was brought out from the Student Class by a man who claimed himself to be uncle of that boy. The boy was taken to the office of the Manager of Cinema Hall where drops of water were sprinkled on his face and the boy then vomitted and thereafter he regained some consciousness but before the could reply to the questions about his name and address, he again became unconscious. In the meantime, one doctor came there, who after examining the unconscious boy, advised for taking him to hospital and thereafter, the boy was sent to Chapra Hospital along with that man claiming to be the uncle of boy Baiju Tudu (P.W. 10). The boy after some time died in the hospital the same day and the man who was claiming himself to be the uncle of boy after getting the prescription for bringing medicine left the hospital and escaped.

(3.) Panchdeo Singh (P.W. 5), the informant, at that time was gate keeper of Student Class of Jyoti Cinema Hall and he got his fardbeyan (Ext. 1) recorded by A.S.I., T.N. Mukherjee (P.W. 13) on 4 -3 -76 at 8.30 p.m. in the office of the Jyoti Cinema Hall. He at the time of recording his fardbeyan handed over to police the vomit of the boy which was collected and kept in a pot and some Rasgullas (sweetmeat) found thrown into the drain of Cinema Hall because the informant after departure of the boy to the hospital had come to know that before start of cinema show the man who was with the boy and was claiming to be the uncle of the boy had given some Rasgullas (sweetmeat) to the boy and had thrown away remaining Rasgullas in the drain. The police registered a case under Section 302, I.P.C, against unknown and took up investigation of the case during which the appellant was identified in the T.I. parade as the man who on the date of occurrence was with the deceased -boy and had claimed himself to be uncle of the boy. After investigation, the police submitted charge -sheet against the appellant as well as against three others, namely, Birendra Kumar Singh, Ajay Kumar Singh and Savitri Devi, out of them Ajay Kumar Singh during the pendency of trial died and thereafter the appellant, co -accused Birendra Kumar Singh and Savitria Devi were put on trial and charges under Section, 302/34, I.P.C. were framed against them put after trial co -accused Birendra Kumar Singh and Savitri Devi were found not builty and they were acquitted but so far the case of the appellant is concerned, he was held guilty under Sections 302/34, I.P.C. and accordingly, he was convicted and sentenced to undergo imprisonment for life.