IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.715 of 2015

Arising Out of PS. Case No.-196 Year-2012 Thana- JAGDISHPUR District- Bhojpur

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Ramesh Choudhary son of Late Tulsi Choudhary, resident of Mohalla-

Hospital Road, Ward No. 18, Jagdishpur, P.S.- Jagdishpur, District- Bhojpur.

... ... Appellant

Versus

The State Of Bihar

... ... Respondent

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Appearance :

For the Appellant/s

:

Mr. Manoj Kumar Panday, Advocate

For the Respondent/s

:

Mr. Sujit Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

Date : 23-01-2023

Heard Mr. Manoj Kumar Panday, learned counsel for

the appellant and Mr. Sujit Kumar Singh, learned Additional

Public Prosecutor for the State.

2. By the impugned judgment of conviction dated

30.06.2015 and order of sentence dated 03.07.2015 passed by

learned 1^st Additional Sessions Judge, Bhojpur at Ara in

Sessions Trial No. 44 of 2013 arising out of Jagdishpur P.S.

Case No. 196 of 2012 (G.R. No. 3373 of 2021), the appellant

has been convicted and sentenced as under:-

Patna High Court CR. APP (DB) No.715 of 2015 dt.23-01-2023

2/16

Conviction

under Section

Sentence

Imprisonment

Fine (Rs.)

In default of

fine

302 of the IPC

Imprisonment for

life

50,000/-

S.I. for six

months

3. A fardbeyan of the wife of the deceased, Sushila

Devi (PW-2) recorded at Primary Health Center of Jagdishpur at

9:00 pm on 27.10.2012 by a Police Officer of Jagdishpur Police

Station is the basis for registration of FIR. The present appellant

is the own brother of the deceased. It emerges from the said

fardbeyan that there was some dispute in relation to sharing the

amount of old-age pension received by the mother of the

deceased and the appellant. According to the fardbeyan, the

appellant was an alcoholic. The fardbeyan further reveals that

the deceased had three brothers; he himself, Nagina Chaudhary

and the youngest, this appellant. Nagina Chaudhary was not

living in the village for last two months as he had gone outside

to earn livelihood. In the village, the deceased and this appellant

were living separately from before. On the date of occurrence

i.e. 27.10.2012, the appellant came to the house of the

informant. He was severely drunk and entered into an

altercation with the informant’s husband on the point of sharing

the amount of the old-age pension of their mother. The appellant

was not inclined to share any amount of pension with the

Patna High Court CR. APP (DB) No.715 of 2015 dt.23-01-2023

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deceased. This led to scuffle between them. The informant

interceded and attempted to pacify the situation. In the

meanwhile, the appellant, who was carrying a dagger in his

hand assaulted the deceased with the dagger, in his abdominal

area and rib-cage. During the course of the altercation when the

informant attempted to pacify, she too was assaulted by the

appellant with the dagger leading to injury in her right hand

thumb. The deceased fell down on the road in front of the house

and became unconscious. The deceased was, thereafter, taken to

a hospital, where he was declared brought dead by the Doctor.

The fardbeyan to the aforesaid effect gave rise to the concerned

Jagdishpur P.S. Case No. 196 of 2012. The receipt of the

information in the Police Station has been recorded as 20:15 and

time of registration of FIR as 23:30. Postmortem examination

was conducted by the Doctor on 28.1.2012 at 7:55 am when

following antemortem injuries were found:-

“(1) Incise wound on left side of mid

clavicular line at the level of the rib of the

chest size 1½’’ X ½’’ X deep.

(2) incise wound on left side of lateral

op