MANSOOR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) and Badruddin, the appellants in the above appeal, were arrayed as A 1 and A2 in Sessions Trial No. 407/1997 on the file of 5th Addl. Sessions Judge, Hazaribagh. They were tried and convicted under section 302 read with section 34 I.P.C on the allegation that they, in furtherance of the common intention of each other, caused death of Rupesh Soren @ Sontu by slapping and stabbing with a pair of scissors. The Trial Judge, finding the appellants guilty as charged, sentenced each of them to imprisonment for life, which is j being challenged in this appeal. j

(2.) At 4.30 p.m. on 4-12-1996, the deceased, Rupesh Soren @ Sontu, along with his friend Albert Barla, P.W. 4 and P.W. 10 Sapan Kumar Bose was taking refreshment at a Tea Shop near College Mor. They saw the first appellant Mansoor Alam teasing some girls. The deceased objected to the conduct of the first appellant. P.W. 4 Albert Barla slapped the first appellant and also asked him to close the shop. On being threatened by P.W. 4 and the deceased, the first appellant closed the shop and the deceased and P.W.4 came later and they found the shop kept open. The deceased and P.W. 4 went to the shop and questioned the first appellant. P.W. 4 once again slapped the first appellant and the deceased removed the table of the first appellant. At this juncture, the second appellant slapped the deceased, while the first appellant, who had a pair of scissors, caused injury on the deceased. Thereafter P.W.4 and the deceased left the shop. P.W.4 v/as taken to the police station by the Police Officer on account of the complaint given by the appellants. On hearing the complaint of the appellants that their shop was ransacked, P.W/4 was released after the bond was obtained by the police. In the meantime, the deceased went to his house and his mother, P.W. 1, questioned him as to now he suffered injuries. The deceased informed them that he suffered injuries at the hands of the accused, when he was slapped and stabbed with scissors. The deceased was taken to the hospital but at the hospital he died. Fardbeyan, Ext. 1, was given by P.W. 4 at 9.00 a.m. on 5-12-1996 and a crime was registered. After registration of the crime, investigation was taken up by P.W. 11, Rameshwar Roy, who, after conducting inquest, sent the body to the hospital and gave a requisition to the hospital authorities to conduct autopsy on the dead body.

(3.) On receipt of the requisition and the dead body, Dr.Suresh Kumar Sinha, P.W.9, Civil Assistant Surgeon, conducted autopsy and he found the following injuries: -