BADSAH SAH AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal by the three appellants against the judgment dated 31.3.1989 by which the learned Vth Additional Sessions Judge, Saran at Chapra has convicted them under Section 302 of the Indian Penal Code and Section 302 read with Section 34 of the Indian Penal Code respectively in respect of appellant No. 1 and appellant Nos. 2 and 3 and sentenced them to life imprisonment.

(2.) We have heard Mr. Rama Kant Sharma, learned senior counsel at length as well as learned A. P. P. in the case.

(3.) The prosecution case is based upon the fardbeyan of Harendra Singh (PW 6), which was recorded at Chapra Sadar Hospital. PW 6-Harendra Singh happens to be the brother of the deceased Ashok Kumar Singh. The statement was recorded at about 7 p.m. on 2.2.1987 and was witnessed by Purendra Narayan Singh (PW 1) and Anil Singh (PW 5). It is alleged that when the informant and his brother Ashok Kumar Singh were at their motor-parts shop at Daudpur Bazar at about 5 p.m. on 2.2.1987 the three appellants came to the shop demanding donation of Rs. 21/- for sarswati puja upon which Ashok Kumar Singh refused to pay the amount. It is alleged that appellant Nos. 2 and 3 then caught hold of Ashok Kumar Singh and appellant No. 1 Badsah Sah took out a knife from his pocket and stabbed Ashok Kumar Singh on the back of his shoulder. The injured was then carried to Chapra Sadar Hospital where he was declared dead on arrival. The police having recorded the fardbeyan at Chapra Sadar Hospital in emergency ward, forwarded to Daudpur police station where it was received on the next day and the case was registered accordingly. Upon investigation being completed, charge-sheet was submitted against the appellants and after taking cognizance the case was committed to the Court of Sessions, charges were framed to which they pleaded not guilty and claimed to be tried and consequently punished.