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Showing contexts for: fard in Harendra Rai vs The State Of Bihar on 18 August, 2023Matching Fragments
35. It would be appropriate to refer to the investigation, proceedings and evidence led during the trial right from the stage of FIR till the second statement of CW-1 Lalmuni Devi which was recorded on 29.09.2008. After the incident on 25.03.1995 at about 09.00 AM, the three injured were taken to the State Hospital Camp, Panapur. The Fard Bayan was registered on the oral statement given by one of the injured (later deceased) Rajendra Rai as recorded by Sub-Inspector N.N. Thakur at 10.30 AM. The said Fard Bayan was signed by the injured Rajendra Rai, two witnesses Narendra Singh, Sanjiv Kumar Singh and by the officer in-charge, Panapur Police Station, Camp Panapur. The Fard Bayan also bears the endorsement of Sub-Inspector N.N. Thakur forwarding it to the Police Station In-
charge Masrakh under Sections 147, 148, 149, 307 IPC and Section 27 of the Arms Act for registering the report. Contents of the Fard Bayan have already been reproduced in the earlier part of this judgment.
36. On its basis, FIR was registered at P.S. Panapur as Case No. 62 of 1995 on 26.03.1995. The FIR contains endorsement of various authorities and Courts of its perusal. It also bears the endorsement that Section 302 IPC was added on 30.03.1995. On record is also available the Fard Bayan of Lalmuni Devi recorded during the investigation on 21.08.1995.
g) The Trial Court also rejected another petition, moved on behalf of one Kishori Rai for recording his statement, on the ground that he was a stranger. Although Kishori Rai had prayed for transfer of the case as they had lost faith in the Court, the case was fixed on 18.10.2008 for further arguments.
h) On the said date, again an application was filed by Narendra Singh and Kishori Rai through their private counsel under Section 311 CrPC for recording statement of Narendra Singh, Kishori Rai and Sanjeev Kumar Singh two of them being witnesses of Fard Bayan, and Kishori Rai had produced the cartridges found at the place of occurrence of which the seizure list was prepared in presence of Janki Rai and Chabili Rai. This application was also rejected on 18.10.2008 on the same ground that it was moved by strangers, who were not witnesses in the chargesheet and the application was not filed by the Special Public Prosecutor. On the same date, arguments were heard and 20.10.2008 was fixed for parties to file their written arguments. Thereafter the Trial Court proceeded to deliver the judgment on 24.10.2008.
Hence, Fard Bayan is not liable to be read as evidence.
c) PW-10, the doctor, who attended to the injured persons and had prepared the injury report, had stated that the three injured were unconscious. Hence, the deceased Rajendra Rai (the injured) was not in a position to make his statement (Fard Bayan/Bayan Tahriri). He also stated that Daroga Rai was very serious and accordingly, after having given first aid, all the injured were referred to Sadar Hospital, Chapra.