BIKAU PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Fifteen persons faced trial for alleged commission of offences punishable under S. 302 read with Ss. 149, 148 of the Indian Penal Code, 1860 (for short the 'IPC'). Accused No. 9 (appellant No. 5 in the present appeals) additionally faced trial for offence punishable under S. 27 of the Arms Act, 1959 (in short the 'Arms Act'). Accused No. 2-Mahendra Rai (appellant No. 8 in the present appeals) who was separately charged for offence punishable under S. 302, I.P.C. was acquitted of the said charge but instead was convicted as aforenoted in terms of S. 302 read with S. 149, I.P.C. Out of the 15 accused persons, two were acquitted and three died during pendency of the appeals before the High Court.

(2.) Prosecution version as unfolded during trial and which formed the foundation of the prosecution case is essentially as follows :

(3.) As noted supra, accused persons pleaded innocence and false implication due to animosity persisting between the parties. Three of the accused persons pleaded alibi to improbabilise their physical presence at the site of occurrence. Out of the prosecution witnesses, seven i.e. P.Ws. 2 to 5, 6, 10, 14 were stated to be eye-witnesses. On consideration of the evidence on record, learned 3rd Additional Sessions Judge, Sitamarhi as aforenoted convicted 13 accused persons, acquitted two. In respect of three who died during the pendency of the appeal before the High Court the appeals abated. The convicted accused preferred three separate appeals before the High Court which by the impugned judgment disposed of them.