IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32411 of 2008 GYAN RABIDAS @ GYAN PRAKASH @ GYAN DAS Versus STATE OF BIHAR ----------- 2. 27.8.2008 Heard. The case was initially registered only under Section 307 etc IPC but on account of the death of the deceased Section 302 IPC was added. The allegation is that the petitioner was pestering the deceased for money which was refused by him and on that account the petitioner dealt blows with knife on the deceased. The informant said that hearing the shouts of the deceased he rushed to his room and found that the man was lying on the ground in injured condition and the petitioner was standing there with blood stained weapon in his hand. The deceased stated to the informant that it was this petitioner who had stabbed him. The contention is, firstly, that the injury report Annexure-2 indicates that the deceased was conscious when he was shifted to the hospital but still no attempt was made till he died, within a span of 20 days, to record his statement during investigation. The further contention is that all witnesses have come - 2 - forward in place of the deceased to make statement that they heard the deceased saying that it was this petitioner who had stabbed him. It is further contended that the investigating officer has not assigned any reason as to why the statement of the deceased was not recorded. This much is clear that the deceased was very much conscious to make statement and accordingly he made statement not only to the informant, but also to a huge number of persons whose statements appear recorded as per the rejection order in a huge number of paragraphs of the case diary. They all consistently stated that it was this petitioner who had stabbed the man to death. The petitioner was pestering the deceased and the petitioner bears the criminal antecedent, considering which, the prayer for bail of the petitioner is dismissed. B.Kr. ( Dharnidhar Jha, J. )