CHANDRA SHEKHAR BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) These Appeals are against the Judgment dated 9th January, 1998 by which the High Court has dismissed the Criminal Appeals filed by the Appellants herein.

(2.) Briefly stated the facts are as follows: According to the prosecution, on 3rd June, 1989 Tungnath Mistri, Parshuram Bind, Shiv Nath Bind, Ram Vinod Bind and certain others villagers were sitting in front of the house of Parshuram Bind. All of a sudden 22 to 23 persons came running from the western 'gali' armed with rifles, guns, country made pistols, pasulis and lathis and started firing from the fire-arms. It is the case of the prosecution that these assailants started firing at Parshuram Bind. Appellant No.1 (Chandra Shekhar Bind ) fired at Tungnath Mistri causing injuries on his left elbow. One Suresh Bind also fired at Tungnath Mistri causing injury on his right hand. It is the case of the prosecution that when Parshuram Bind tried to enter his house he was chased by the assailants who caught him and brought him out and then he was assaulted with a pasuli. It is the case of the prosecution that Sita Ram Bind, father of Parshuram Bind, came out of the house and he was also fired at. It is the case of the prosecution that as a result of this Parshuram Bind and his father Sita Ram Bind died and the assailants then fled away. It is the case of the prosecution that the motive behind this was previous enmity as well as a dispute between Parshuram Bind and the assailants for catching fish in a 'ahar'. It is the case of the prosecution that Parshuram Bind was a supporter of Bhartiya Janata Party and the Appellants were members of IPF being a rival political party.

(3.) As a result of the first information report lodged by P.W.4 investigation was taken up. Ultimately 18 persons were charge-sheeted. The trial court convicted on 10th September, 1991, 11 persons under Section 302 Indian Penal Code and 7 other persons under Sections 302 read with 149 Indian Penal Code. All were sentenced to undergo imprisonment for life.