MAHABIR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Thirteen persons were arranged in the trial Court to face charges for offences including Section 302 read with Section 149 of IPC, out of which Sessions Court convicted only four of the persons under Section 304, Part I of IPC and Section 25 (1) of the Indian Arms Act. Others were acquitted. The convicted persons were sentenced to rigorous imprisonment for 5 years each on the first count and rigorous imprisonment for 6 months each on the second count. They filed appeal before the Patna High Court. The State of Bihar filed another appeal challenging acquittal of 9 accused as well as the order exonerating the convicted persons of the offence under Section 302, IPC. At the appellate stage there was reversal of fortune for all the arranged persons as the High Court found all of them guilty under Section 302 read with Section 149, IPC. Hence the present appeal by the accused persons by special leave.

(2.) We are informed that during the pendency of these appeals two of the appellant, (Sheonandan Choudhary and Ram Ishwar Choudhary) have expired. It is also reported that appellant Ganesh Choudhary has become insane and has gone out of his house and his whereabouts are not known.

(3.) The incident which led to the prosecution of all the 13 appellants happened during the morning hours on 15-10-1974, in which three persons (1. Daroga, 2. Kewal and 3. Hit Narain) died. All the deceased hailed from a village called Malpura which is situate a little north of Kusi Village. A water stream starting form another village (Parsar Ahar-situated south of Kusi village) flowed northwards reaching up to Kusi. Appellants are inhabitants of Kusi Village. As there was acute drought condition, people of Malpura were in need of water.