- (1.) BY Court. - Heard Mr. K.P. Deo, learned amicus curiae assisted by Mr. Ashish Kumar on behalf of the Appellant. They were appointed amicus Curiae on 02.05.2012 to assist the Court as nobody appeared on behalf of the appellant. Heard counsel for the State also.
(2.) THIS criminal appeal has been directed against the Judgment of conviction and order of sentence dated 15th April, 1991 and 22nd April, 1991 respectively passed by the Sessions Judge, Santhal Parganas at Dumka in Sessions Case No. 195 of 1987 convicting the appellant to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code. The prosecution case in brief is that Shakinath Mandal (PW 4) lodged fard beyan before the Police on 16.08.1986 at about 6:00 p.m. in presence of others that at about 3:30 -4:00 p.m., there was quarrel between the children of the parties whereupon, the appellant and others came there using filthy language. Appellant was having his licensed double barrel gun. The brother of the informant Hiranath Mandal (deceased) warned the accused persons not to use filthy language. On this, the appellant caused fire -arm injury on his chest which hit him under his neck due to which he fell and became unconscious. The appellant again fired thrice at the instigation of his brother and father, towards the informant party for killing them but seeing themselves in danger, they hide themselves behind the trees due to which they did not suffer firearm injury. Several witnesses had seen the occurrence. The accused persons filed away. Hiranath Mandal was taken to the Hospital where his treatment was going on The dying declaration of Hiranath Mandal was recorded by Dr. K.D. Sinha (PW 13) in Sadar Hospital. On this fard beyan, FIR was lodged.
(3.) LEARNED counsel for the appellant assailed the impugned Judgment on various grounds. He submitted that the FIR is hit by Section 162 of Cr PC. However, the deceased died after 15 -16 days during treatment. Had proper treatment been given to him, his life could have been saved. Further, he submitted that there are major contradictions in the evidences of alleged eye -witnesses which makes the entire prosecution story doubtful.;