AGUSTUS BARLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this appeal, the appellant, who stands convicted under Sections 302 and 449 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for seven years under Section 449 of the Indian Penal Code, both the sentences to run concurrently, on the basis of the evidence of his sister -in -law (Bhabhi), who is the sole eye -witness in this case, has challenged the same.

(2.) THE prosecution case, in brief, is that the deceased Brish Barla and the appellant Agustus Barla were residents of the same Tola and there was friendship between them from before the occurrence. Both of them used to eat and drink together and they even used to sleep together sometime at the houses of each other and on the alleged date of occurrence i.e. on 23.4.1995 when the deceased was sleeping as usual in his house, while the informant, who is the sister -in -law (Bhabhi), was sleeping on the varandah of the house, at about 5.00 a.m. in the morning, the appellant Agustus Barla came and asked to open the door. Identifying his voice, she (informant) opened the door. Then the appellant entered into the house end started looking around about and then entered into the room, having eastern face, where Brish Barla was sleeping and seeing him in slept condition, he gave blows from the wooden Patra on his head etc. and because of such assault, Brish Barla became senseless and realising that he is dead, the appellant fled away along with the wooden Patra. The deceased, however, had not died at that time. The reasons for the occurrence is that there was some differences between the two with regard to eating and drinking. Then coming to know about the occurrence, the villagers, namely, Pradeep Barla, Johan Barfa and others reached there and saw the occurrence, which had already occurred. It appears that at about 4.00 p.m. on that very day, in the village itself, the police officer, who is the Investigating Officer of this case i.e. P.W. 8, recorded the Fardbeyan of the informant Bhaleriya Barla, which is marked as Ext. 6 and after that a formal First Information Report (Ext. 7) was drawn and in course of investigation, the Investigating officer visited the place of occurrence and collected some blood stained soil vide Ext. 8 and the deceased having died by that time, inquest report was prepared and the post -mortem examination was conducted by Dr. Rajesh Kumar Gupta (P.W. 7), who proved the post -mortem report (Ext. 5). Accordingly, charge -sheet was submitted, cognizance of the offences was taken and the case was committed to the Court of Sessions where the case was tried.

(3.) IN his statement under Section 313 of the Code of Criminal Procedure, the appellant says that he has not committed any crime and has been falsely implicated in this case.