ROWAN CHOUDHARY @ ROMAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ACCUSED 1 to 3 in Sessions Trial No. 189 of 1997 are the appellants. Janu Chaudhary and Manu Chaudhary, who were arrayed as A -4 and A -5, were acquitted and the appellants alone were found guilty for the offence under Sec.302/34 of the Indian Penal Code, upon which each one of them was sentenced to imprisonment for life. The appeal is against the said conviction and sentence.

(2.) THE deceased, Binod Ram, is the brother of PW -4, Sanjay Ram. At about 7.00 - 8.00 p.m. , Binod Ram, the deceased, was returning from Chainpur market after purchasing medicines. He found accused persons surrounding the deceased Binod Ram. A -4 and A -5, who were acquitted by the trial court, were found holding the hands of the deceased. A -1, Roman Chaudhary shot at the deceased with the Double Barrel Breach Loading gun. PW -3 raised alarm and on hearing his cries, Sanjay Ram, PW -4 reached the place. The accused went away. PW -1, in whose courtyard the deceased fell down, also reached the place. The deceased wanted his father to be brought. After the father of deceased came to the scene of occurrence, injured, Binod Ram, was taken to the police station from where he was referred to the hospital. On the way, he died. The Fardbayan, Ext. 3, on being given by PW -3, who is the brother of the deceased, Binod Ram, a crime was registered and investigation was taken up. PW -8, Rajendra Singh, the police officer, conducted inquest and later sent the dead body to the hospital for autopsy.

(3.) AFTER the completion of investigation, final report was filed. On being questioned under Sec.313 of the Code of Criminal Procedure, the accused -appellants denied all the incriminating circumstances. They did not examine any witness on their side.