MAHABIR GOSAIN @ MAHABIR GOSAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant Mahabir Gosain (hereinafter to be referred to as accused) after suffering conviction for the charges of Section 302 read with Section 34 IPC and under Section 27 of Arms Act vide impugned judgment of learned 1st Additional Sessions Judge dated 07.03.2008 in a case relating to year 2001, when could not file an appeal impugning the said judgment, sought services of Jharkhand Legal Services Authority (for short JHALSA) in year 2012, consequently JHALSA engaged Ms. Shweta Singh to defend the accused. This is how huge delay occurred in filing the instant appeal which now stands condoned by the court vide order dated 18.09.2014. Accused is stated to be in custody for the last more than 14 years, therefore, priority has been given to this case for its final consideration.

(2.) The deceased in this case is Kedar Gosain and the accused is his son. He is from the first wife of the deceased. The case was initially registered under Sections 307/34 IPC and 27 of Arms Act, on the statement of Kedar Gosain, the deceased only, alleging therein that on 26.08.2000, when he, after finishing his dinner, was sleeping on a cot in the courtyard of his house, at about 1 A.M. his son along with other two persons came their and demanded liquor from him. He gave them liquor to drink and after taking that they demanded more liquor from him which he refused and at that time they started quarreling with him, when in the meantime one of them took out pistol and fired at him which hit below his neck and he sustained injury. It is further alleged that the occurrence attracted his wife P.W Laxmi Hembram who was also sleeping in the house. It attracted certain other persons staying nearby and in the meantime accused fled away. It is further stated in the said statement that due to darkness he could not identify those persons from their face. It is alleged in the said statement that the accused used to quarrel with him for demanding money and allowing him to stay in the house. Finger of suspicion was also raised upon one Bhakwa Munda, the neighbour of the deceased, with regard to his involvement in the present occurrence.

(3.) Deceased remained hospitalized for five days, developed Septicaemia during the treatment and ultimately died on 05.09.2000. The cause of death as one finds from the postmortem report is due to Septicaemia leading to Cardio Respiratory failure.