STATE OF BIHAR Vs. RAM PADARATH SINGH

JUDGEMENT

(1.) Both these appeals are filed by the State of Bihar against the com-mon judgment of the Patna High Court inDeath Reference No. 7 of 1987 and Criminal Appeal No. 407 of 1987. The High Court rejected the Reference, allowed the appeal filed by the convicted accused and acquitted them.

(2.) The prosecution case was that on 29-1-86, Subhash Kunwar (informant) and his brother Rambilas alias Boudhu (deceased) and Mangal (deceased) left village Basudevpur in the morning for going to Begusarai. At about 9'O clock, when they were passing by the 'bandh' (embankment) near village Koria - Haibatpur, accused Ram Padarath, Ram Susgarath, Ramsubodh, Bipin, Dilip (absconding) who were armed with pistols and 'katta' attacked them, because of the previous enmity with the informant and his brother, Boudhu and Mangal who were walking ahead of Subhash became their targets. The shot fired by Ram Padarath (Respondent No. 1) injured Boudhu. After walking a few steps he fell down in a nearby field where he was given a blow by Ram Sugarath with a 'katta' on his head. He died immediately. Mangal who had started running away from that place shouting 'Bachao Bachao' was hit by a shot fired by Dilip. After covering some distance he fell down and at that time Ram Subodh (Respondent No. 2) Vipin and Ram Sugarath attacked him by giving 'katta' blows and killed him. Subhash who was walking behind his two brothers was able to run away from that place before he could be attacked. He straight went to Begusarai, after catching a bus on the way, got a complaint written by his brother-in-law who was an advocate and presented it at Begusarai police station. On the basis of this complaint an offence was registered against all the five accused for the offences punishable under Sections 147, 148 and 302/149, IPC and against Ram Padarath and Dilip for the offence punishable under Section 27 of the Arms Act.

(3.) As accused Dilip and Ramsugarath were found absconding, the trial proceeded against the remaining three accused. The prosecution examined Subhash (PW 7), Navia Rai (PW 1), Vijay Kumar (PW 2), Biso Kumar (PW 8) and Lal Kunwar (PW 11) as eye-witnesses. The trial Court believed their presence at the time and place of the incident. It held that their evidence did not suffer from any infirmity and was truthful. On the basis of their evidence the three accused were held guilty for the murders of Boudhu and Mangal. All were convicted under Section 148, IPC. Accused Ram Padarath was convicted under Section 302 for the murder of Boudhu and under Section 302 read with Section 34/149, IPC for the murder of Mangal. He was also convicted under Section 27 of the Arms Act. The remaining two were convicted under Section 302 read with Section 34/149, IPC for the murders of Boudhu and Mangal. For causing death of Mangal all the three were sentenced to suffer imprisonment for life and for the murder of Boudhu accused Ram Padarath was sentenced to death and the other two were sentenced to suffer imprisonment for life.