KAUSHAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mukesh Kumar Sinha, learned counsel for the appellants and Mrs. Vandana Bharti, learned APP.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 13/8/1997 (sentence passed on 23/8/1997) passed by Shri P. N. Yadav, learned Sessions Judge Dhanbad in S.T. No. 453 of 1994 whereby and whereunder the appellants have been convicted for the offence punishable under Ss. 302 / 120B I.P.C and have been sentenced to undergo imprisonment for life.

(3.) The prosecution case arises out of the Fardbayan of Shankar Rawani recorded on 6/1/1994 in which it has been stated that at 10.30 a.m. the father of the informant namely Shibu Rawani had gone to the clinic of Dr. Satya Babu when he was being treated for his ailments for one month. It has been alleged that after taking injection the father of the informant was returning home when Kausar, Gupta, Marju Yadav and another person came and forcibly took him to Mallapatti tank where he was assaulted and he fell down on the ground. This incident was informed to the informant by Munna Khatik at which the informant went to the place of occurrence with several persons and got his father admitted in Bhaura Hospital where in course of treatment he died. Based on the aforesaid allegations, Jorapokhar (Bhaura) P.S. Case No. 08 of 1994 was instituted against three named and one unnamed person. On completion of investigation, charge sheet was submitted and after cognizance was taken the case was committed to the court of sessions where it was registered as S.T. No. 453 of 1994. Charge was framed against the accused under Ss. 302 /120B I.P.C which was read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.