JHAPAS KABARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case relates to murder of three persons in a faction ridden village which had seen several murders. On the date of occurrence at about 10 a.m. there was murder of Naseeb Kabari. According to the case of the prosecution, the accused persons were not part of an unlawful assembly of about 50 persons and were armed with deadly weapons like gun, bhala, farsa and garasa. In prosecution of their common object, they caused death of Shital Singh and Ram Sewak Singh, who along with one Khattar Singh was believed by the unlawful assembly to be responsible for murder of Naseem Kabari.

(2.) Ram Sewak Singh and Shital Singh are cousin brothers. According to the prosecution, they were both assaulted by means of farsa by accused Bhikhar Raut. Accused Deep Narayan Singh cut the neck of Ram Sewak Singh while accused Israil Kabari assaulted with the bhala on the abdomen of Shital Singh. Both died instantaneously. Thereafter the unlawful assembly went to the house of Khattar Singh and, according to the prosecution, accused Tarni Prasad Singh, Bhikhar Raut and Tahir Kabari snatched his son Santosh Kumar Singh aged about three years from the lap of wife of Khattar Singh. He was taken away and on the next day, Santosh Kumar Singh was found murdered and his dead body was found buried in a paddy field from where it was recovered by the Investigating Officer.

(3.) Seventeen persons were placed on trial having been charged under Sections 302/34 and 148 of the Indian Penal Code ('IPC' for short) for intentionally and knowingly causing the death of Ram Sewak Singh, Shital Singh and Santosh Kumar Singh in furtherance of their common intention. They were also further charged under Sections 449 and 380 IPC. Accused Israil Kabari was separately charged under Section 302 IPC simpliciter for murder of Shital Singh. Deepan Singh @ Deep Narayan Singh was also separately charged for murder of Ram Sewak Singh. Bhikhar Raut, Tahir Kabari and Tarni Prasad Singh were also charged under Section 302/34 IPC for murder of Santosh Kumar Singh.