BAJRANGI DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Bajrangi das stands convicted for the offences punishable under Sections 304, Part-I and 324 of the Indian Penal Code and sentenced to serve rigorous imprisonment for seven years and to pay a fine of Rs. 1,000 in default thereof to further undergo simple imprisonment for two months, and one year respectively, by the 5th Additional Sessions judge, Giridih in Sessions Trial No. 75 of 1995.

(2.) BRIEF facts leading to this appeal are that in the night of 11. 12. 1994 at about 9. 00 p. m. , deceased Bishun Das was taking his meal in his house when the appellant came and demanded some money for drinks. As further stated, when the deceased refused the money, the appellant assaulted him with a dagger resulting in his death. The informant and their mother tried to intervene were attacked with the dagger by the appellant resulting in sharp cut injuries. The informant raised alarms on which witnesses started arriving, in the meantime, the appellant fled away.

(3.) THE informant and his mother were taken to Giridih Sadar Hospital for their treatment where Giridih Police arrived and recorded the statement of PW 10 Prabhu das in the hospital. Thereafter Giridih Police registered Giridih Police Station Case no. 286 dated 11. 12. 1994 under Sections 302, 307, 326 and 324 of the Indian Penal code against the appellant and started investigating the case. The dead body was sent for post-mortem examination after preparing inquest report. The police finally submitted charge-sheet against the appellant. The trial of the appellant was committed to the Court of Sessions where he was charged for offences under Sections 302 and 307 of the Indian Penal Code. The appellant pleaded not guilty and claimed false prosecution. It was also asserted that he was a juvenile though the trial Court did not find him juvenile and this plea was also rejected by this Court. The appellant was ultimately found and held guilty for the offence under sections 304, Part I and 324 of the Indian penal Code and sentenced to serve rigorous imprisonment as stated above.