RAMESHWAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The seven appellants before us were tried along with five others by the first Additional Sessions Judge, Bhabua (Kaimur) in Sessions Trial No. 242/5 of 1995/ 1999 charged of the offences under Sections 302/34, 120b, 364 and 384/34 IPC and section 27 of the Arms Act. The Trial Court by its Judgment and Order dated 13th August, 1999 found the appellants guilty of the offence under Sections 302/149, 384/149 and Section 27 of the Arms Act. ft sentenced them to undergo imprisonment for life under Section 302/149 IPC and further sentenced them to undergo 1 year rigorous imprisonment under section 27 of the Arms Act. It, however, acquitted four of the accused persons of all the charges levelled against them primarily on the ground that they were not named in the First information Report. AH the convicted persons preferred appeals before the High Court being criminal Appeal Nos. DB455 and 464 of 1999. The State also preferred Government appeal No. 20/1999 against the acquittal of the remaining accused. The High Court by its impugned judgment and order dismissed the appeals preferred by the appellants as well as the Government Appeal preferred by the State. Seven of the appellants have preferred these appeals by special leave.

(2.) The case of the prosecution is that an occurrence took place on 28th August, 1994 at about 9. 00 A. M. in village Dawanpur which falls within the jurisdiction of police station bhagwanpur in the District of Kaimur, Bihar in which five members of the family of the informant were killed. According to the prosecution 18-20 armed people in khaki uniform came to the dalan of the deceased. Five male members of the family (since deceased) who were sitting in the dalan of the house after taking their breakfast were surrounded by them. PW8, a female member of the family rushed to the door and finding so many persons armed with fire arms closed the door and rushed inside the house. She along with three other female members of the family went to the roof of the house along with the licensed gun of one of the deceased and a bundle of cartridges. From the roof of the house she and the other female members saw that those people who had surrounded the deceased had tied their hands behind their back. They were demanding the gun and the cartridges. The father-in- law of PW8 implored PW8 to give away the gun otherwise all of them will be killed. Heeding to his advise, she threw the gun from the roof along with the cartridges. One of the members of the mob picked up the gun and cartridges whereafter all five male members of the family whose hands had been tied were taken by the mob towards the South. Soon thereafter the female members of the family heard the sound of gun shots 10-15 in number. Later they were informed that all the persons who had been taken away by the mob have been shot dead. These four female members of the family are PW 5, 6, 7 and 8.

(3.) The case of the prosecution is that pw10, Sub Inspector of Police at the police station got some information from a passerby that an occurrence had taken place in village dawanpur. He, therefore, rushed to the village where on his request PW5 opened the door and on his questioning her narrated the incident to him. The report was taken down in writing on the basis of which a formal first information report was drawn up.