RADHA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment dated 18-5-1996 in S.T. No. 651 of 1993 by the 2nd Additional Judicial Commissioner, Ranchi, convicting the appellant under Section 304, Part II of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for eight years.

(2.) The prosecution case as per the Fard- beyan of Rambriksha Choudhary (P.W. 7) is that on 19-3-1993 at about 5 p.m. Radha Kumar (appellant), a constable of police force stationed at the telephone office, came to the informant and demanded Rs. 50/- for the drinks of the Jawans. On refusal by the informant the constable, Radha Kumar, became infuriated and started abusing and assaulting him with slaps and thereafter called his associates from the telephone office. The informant was dragged to the telephone office building and there he was assaulted with fists, slaps and Danda and with the butt of the rifle causing injuries to the informant. The neighbouring shop-keepers and the passers-by assembled in the campus of the telephone office and started protesting against the high handed action of the constables, which further infuriated the constable, Radha Kumar who asked the mob to leave the place otherwise he threatened to fire on them. It was further stated that Radha Kumar after some chase fired from his rifle which hit a woman. The injured woman was taken to R.M.C.H. for treatment. Accordingly, the police registered the case under Sections 385/341/342/323/324/325/326 and 307 of the Indian Penal Code and 27 of the Arms Act. Since the injured woman died in the hospital in course of the treatment, therefore, (sic) Section 302 of the Indian Penal Code.

(3.) Altogether four persons including the appellant were chargsheeted and put on trial.