JAG NARAIN DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No. 422/89 has been filed by original accused Nos. 2 and 8 and Criminal Appeal No. 423/89 is filed by accused Nos. 2 to 4 and 6 to 8. The accused No. 5 had also applied to this Court for leave to appeal but his SLP was dismissed. The original accused No. 1 has not filed any appeal against his conviction. Accused No. 8 is an appellant in both the appeals.

(2.) All these 9 accused were tried along with others for causing death of Nanahaku Pandey in prosecution of their common object. The trial Court acquitted accused Nos. 10 to 15 and convicted accused Nos. 1 to 9. All of them except accused No. 8 were convicted under Section 148, I.P.C. and accused No. 8 was convicted under Section 147, I.P.C. All of them were convicted under Section 302/149, I.P.C. Accused No. 1 Jwala and accused No. 5 Hardeo were also convicted under Section 302 read with Section 34, I.P.C. Accused Nos. 1, 2, 3, 5, 6 and 7 were also convicted under Section 27 of the Arms Act.

(3.) In order to prove its case prosecution had relied upon the evidence of 4 eye-witnesses, PWs. 1, 2, 3 and 4. P.W. 1 was the brother of the deceased, P.W. 2 was the father of the deceased and PWs. 3 and 4 were the near relatives. P.W. 3 was not believed by the trial Court and relying upon the evidence of PWs. 1, 2 and 4 the trial Court convicted the accused as stated above. Accused Nos. 9 to 14 who have been referred to in the judgment as Pandeys were given benefit of doubt as they were shown as accused on the basis of the only allegation that they were helping and instigating the Harijans, accused Nos. 1 to 9, who had on the date of the incident gone to the field of the informant and the deceased and committed the said offence. As there was no evidence to show any participation by them in commission of the offence they were given benefit of doubt.