RAM GAULAM CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal is against a Judgment dated 21st May, 1998 by which the Appeal filed by these Appellants has been dismissed. The Appeal, before the High Court was filed by 11 persons, however during the pendency of that Appeal two persons viz. Bijoy Chaudhary and Mohan Chaudhary expired. Thus, this Appeal is filed by the remaining nine persons.

(2.) Briefly stated the facts are as follows : On 17th July, 1980 at about 8 p.m. one Krishnanand Chaudhary and his father Nemo Chaudhary were taking their meals on the verandah of their house. The mother and sister of the said Krishnanand Chaudhary were serving the meals. It is the case of the prosecution that the Appellants, along with some other persons came to that place variously armed with lathis, bhala and chhura. It is the case of the prosecution that they assaulted Krishnanand Chaudhary, dragged him into the courtyard of the house and further assaulted him. It is the case of the prosecution that when the mother and the father tried to save him they were also assaulted. It is the case of the prosecution that the Appellants took Krishnanand Chaudhary to a nearby ditch and pushed him down there. Bijoy Chaudhary (who had expired pending the Appeal in the High Court) is then supposed to have stated that he was still alive and should be killed. On such statement Appellant No. 9 gave a Chhura blow on the chest of Krishnanand Chaudhary which resulted in his death. It is the case of the prosecution that all those persons thereafter left the place taking away the body of the deceased. According to the prosecution the motive for this is that a child of the family of the Appellants had earlier been kidnapped and had been found dead. The Appellants suspected Krishnanand Chaudhary to be responsible for such kidnapping and death. Initially 13 persons were charge-sheeted. Two persons died before trial could commence. Thus 11 persons were tried.

(3.) At the trial, the prosecution examined five witnesses, of which P.W. 5 was a formal witness, who proved the FIR and the seizure list by which blood-stained earth, lungi and lathi had been seized. The eye-witnesses to the incident were P.W. 1, Dukha Chaudhary, who is a neighbour, P.W. 3, Parmila Devi, who was the mother of the deceased and who had promptly lodged the FIR and P.W. 4, Munni Devi the sister of the deceased. Prosecution also examined P.W. 2 - the brother of the deceased who deposed that when he returned home he was informed about what had happened. It has come on record that the father of the deceased died before the trial started. The prosecution did not examine the Investigating Officer.