Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.766 of 2005 (Against the judgment of conviction and order of sentence dated 3.08.2005 passed by Sri Arup Kumar Singh, learned Additional Sessions Judge, F.T.C.II, Nawada in Sessions Trial No.137/2003/452/2003) =========================================================== Dharmendra Kumar, son of Kali Charan Sah, resident of village-Bahadurpur, P.S.- Rajauli, District-Nawada. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Arun Kumar Tripathi, Amicus Curiae For the Respondent/s : Mr. Ashwani Kumar Sinha, Add.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 24-08-2012 This appeal has been preferred against the judgment of conviction and order of sentence dated 3.08.2005 passed by the learned Additional Sessions Judge, F.T.C.II, Nawada in Sessions Trial No.137/2003/452/2003 by which the sole appellant has been convicted and sentenced to undergo rigorous imprisonment for life under [STATUTE] . 2. The prosecution case, in brief, is that the informant Meena Devi (P.W.8) had come to her father’s house in the Chhathiyari of the baby of her younger sister on 7.06.2002. On Patna High Court CR. APP (DB) No.766 of 2005 dt.24-08-2012 2 8.06.2002 at about 10.00 A.M., Satish Kumar, aged about three and half years, the younger son of the informant was playing with her younger brother Dharmendra Kumar (appellant). She was cooking. In the meantime, Seema Kumari, her younger daughter ran to her and told that the appellant assaulted Babua (Satish Kumar) with Chhura. She rushed to the down stairs and saw Dharmendra Kumar running away and found pool of blood on the stairs and her son was lying there having injuries and his intestine have come out from his stomach. Her son succumbed to the injuries on the spot. On raising alarm, the co-villagers rushed there and saw the occurrence, but the appellant succeeded to escape. The fardbeyan (Ext.4) of Meena Devi (informant) was recorded by the S.I. Md. Sibli (P.W.10) on 8.06.2002 at 1.00 P.M. On the basis of the fardbeyan, Rajauli P.S. Case No.66 of 2002 was instituted against the sole appellant for the offence punishable under [STATUTE] . After investigation, charge-sheet was submitted. Cognizance was taken. The case was committed to the court of sessions. The charge was framed against the appellant to which he denied and claimed to be tried. Thereafter, trial proceeded. After the trial, the appellant has been found guilty and has been convicted and sentenced, as aforesaid. 3. It is submitted on behalf of the appellant that no independent witness has supported the prosecution case. All the Patna High Court CR. APP (DB) No.766 of 2005 dt.24-08-2012 3 witnesses are interested and there is no motive for the occurrence. 4. Learned counsel for the State has submitted that the informant is the sister of the appellant. The occurrence had taken place in the house of the appellant. The inmates of the house are the natural witnesses. The ocular evidence of the witnesses stands corroborated by the medical evidence. The appellant has caused the death of an innocent child aged about 3 and half years and the learned trial court taking a lenient view has sentenced the appellant to undergo rigorous imprisonment for life under [STATUTE] . No interference is required by this Court. 5. This Court is required to reappraise the prosecution evidence and to consider as to whether the prosecution has been able to substantiate its charge against the appellant beyond shadow of all reasonable doubts. 6. The prosecution has examined the following witnesses to substantiate its charge : P.W.1 Birendra Lal Sah, P.W.2 Muneshwari Devi, P.W.3 Kalicharan Sao, P.W.4 Baleshwar Sah, P.W.5 Ganesh Sao, P.W.6 Seema Kumari, P.W.7 Dr. Suniti Kumar, P.W.8 Meena Devi, P.W.9 Srikant Singh Neelam and P.W.10 Md. Shivli. 7. P.W.1 is the father of the deceased. He is a hearsay witness and has stated that Ganeshi Sah (P.W.5) and Devi Lal (not Patna High Court CR. APP (DB) No.766 of 2005 dt.24-08-2012 4 examined) came to him and told that Dharmendra Kumar (appellant) after assaulting his son Satish Kumar aged about 3 years with Chhura had fled away. After getting this information, he went to his Sasural and found his son lying dead having injuries in his stomach. He has further stated that on 13.06.2000 the Chhura used in assaulting his son was found on the roof of the house which was handed over to the police officer. The seizure list was prepared which bears his signature and the signature of witness. The signatures have been marked as Exts.1 and 1/1. In his cross-examination, he has stated that his son (deceased) had no dispute with the appellant. He had not seen the occurrence. 8. P.W.2 is the mother of the appellant. She has stated that at the time of the occurrence, she was at her Naihar. She came to know that Santosh (deceased) was killed. She does not know as to who had killed him. She has been declared hostile. 9. P.W.3 is the father of the appellant. He has stated that his elder daughter Meena Devi (P.W.8) had come to his house on the occasion of Chhathiyari. The deceased Santosh Kumar, the son of Meena Devi had also come there. He saw him dead. He does not know as to how he died. He has been declared hostile by the prosecution. In his cross-examination, he has admitted that his statement was recorded by the Judicial Magistrate under Section 164 Patna High Court CR. APP (DB) No.766 of 2005 dt.24-08-2012 5 of the Cr.P.C. His signature has been marked as Ext.2. 10. P.W.4 is a formal witness. He has identified his signature on the inquest report which bears the signature of himself and witnesses, wh

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.