At, High Court of Bihar
By, THE HONOURABLE MR. JUSTICE CHANDRAMAULI KR. PRASAD & THE HONOURABLE MRS. JUSTICE REKHA KUMARI
For the Appearing Parties: Anuradha Singh, Rashmi Soni, Rama Sankar Prasad,
Reena Kumari, Lala Kailash, Bihari Prasad, Advocates.
CHANDRAMAULI KR. PRASAD, J.
(1.) The two appellants being aggrieved by the Judgment dated 4th of July, 2001, passed by the Ist Additional Sessions Judge, Samastipur in Sessions Trial No. 216/212 of 1993/1999 holding them guilty of offence under Section 302/34 of the Indian Penal Code and inflicting punishment of imprisonment for life, besides the fine of Rs. 5,000/-, have preferred this appeal.
(2.) Prosecution started on the basis of an oral statement (fardbeyan Ext. 2) given by P.W. 11 Shanti Devi before the Assistant Sub Inspector of Police in the Darbhanga Medical College Hospital on 19-6-1992 at 1-45 p.m. According to the First Information Report, on 15-6-1992 at about 8-9 p.m. her son Balo Sah had gone to Gudari Bazar to demand the dues of onion and the potato, which annoyed appellant Dina Nath Patwa who picked up knife from his egg-shop and assaulted him on the left side of the abdominal region. According to the informant, sustaining the injury her son fell down and became unconscious, from where he was brought to the Rosera Hospital, where she was advised to take him to the Darbhanga Medical College Hospital. According to the informant the injured was taken to the Darbhanga Medical College Hospital, where he died on 19-5-1992 during the course of treatment. In the First Information Report, she had stated that the Magistrate h
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ad also taken statement of her son in relation to the incident.
(3.) On the basis of the aforesaid information Rosera P. S. Case No. 131 of 1992 was registered under Section 302 of the Indian Penal Code against the appellant Dina Nath Patwa only.
(4.) However, during the course of investigation complicity of another accused, namely, Ram Nath Patwa appellant herein and the brother of aforesaid Dina Nath Patwa also surfaced and police after investigation submitted charge-sheet against both the appellants. They were ultimately committed to the Court of Session, where they were charged for stabbing Balo Sah and thereby intentionally and knowingly causing his death punishable under Section 302 of the Indian Penal Code. They refuted the charge and claimed to be tried.
(5.) During the trial, prosecution examined altogether 12 witnesses. P.W. 1 Md. Soeb and P.W. 4 Ram Dayal Roy are Advocate's clerk and have proved the First Information Report and the fardbeyan respectively. P.W. 2 Bino Sah, P.W. 5 Muhabir Sahai, P.W. 6 Kailash Mahto, P.W. 7 Dilip Sah, P.W. 8 Bhagwan Prasad Sah, P.W. 9 Nand Kishore Mahto and P.W. 10 Vakil Kumar Sahni have been declared hostile by the prosecution. P.W. 3 Mukhla Devi has been tendered for cross-examination and in cross-examination she had stated that she had not seen the occurrence. P.W. 8 Bhagwan Prasad Sah claims to be an eyewitness to the occurrence whereas P.W. 11 Shanti Devi is the mother of the deceased and the informant of the case. P.W. 12 Mr. Brajendra Kumar Pandey is a Judicial Magistrate, who has recorded the dying declaration of the deceased in the Darbhanga Medical College Hospital.
(6.) The defence of the appellants is denial simpliciter. No defence witness