BHOLARAM PRASAD AND 3 ORS. Vs. THE STATE

JUDGEMENT

(1.) THE Appellants have been convicted under Sections 302/34, Indian Penal Code, and sentenced each to R.I. for life. They have further been convicted under Sections 323/34, Indian Penal Code and sentenced to R.I. for six months, the sentences are to run concurrently.

(2.) THERE is a licenced liquor shop at Joda under the police Station Barbil in the district of Keonjhar. Appellant No. 1 Bholaram was the manager, Appellants Mohan Prasad and Tarakeswar were the sales -men and Appellant Biswanath was working as a cook in the said shop. The shop stands on the Joda main road. It is the prosecution case that on 15 -6 -1962 at about 4 P.M. four Punjabis, Viz., the deceased Kartar Singh, P.W. 14 Josobant Singh, P.W. 15 Gurubox Singh and P.W. 16 Jagat Singh went inside the liquor shop and took liquor. After finishing one bottle Jagat Singh went to the counter to purchase another bottle. At this time, accused Tarakeswar was temporarily absent from the sales -counter, so the other sales -man Mohan requested Jagat Singh to sell some bottles of liquor to the customers. At this, Jagat Singh went upon the Gadi of the shop with his shoes on and sold some bottles of liquor to some customers and made over the price to Mohan. Accused Tarakeswar who was absent just at this time, came back and challenged Jagat Singh as to why he went over the Gadi with the shoes. Then some quarrel ensued between them. In the meanwhile the manager snatched a glass from the hand of P.W. 14 saying as to why they were unnecessarily creating disturbance. There was an exchange of hot words also between them. A quarrel thus ensued when Kartar Singh, the deceased, caught hold of the banian of the ~accused Bholaram and Gurubox Singh caught hold of Tarakeswar by his neck. When an alarm was raised by the shop people, Kartar Singh and his companion left the place. Thereafter all the four accused persons ran with lathis, Bahungis etc. and assaulted the four Punjabis as a result of which Kartar Singh died at the spot and P.Ws. 14 and 15 sustained some injuries while Jagat Singh fled away out of fear and concealed himself in some nearby shop and thus escaped unhurt. Meanwhile, accused Tarakeswar, P.W. 1 Nalu Naik and employee of the shop, P.W. 7 Machindra Das, a neighbour went to the police outpost, Joda which stands at a distance of about two furlongs from the place of occurrence and reported this matter to the A.S.I., P.W. 4, who recorded the information under station diary entry, (Ext. 5). That report was given at 8.30 P.M. wherein it was alleged that four Punjabis whose names they were unable to say were creating Golmal in the liquor shop. So they requested the police to come to the shop immediately. In that report nothing was mentioned about the death of Kartar Singh or about the injuries inflicted on two of his other companions. On the receipt of such information. P.W. 4 hastened to the liquor shop along with the constable P.W. 18 and the informants. Arriving at the spot, he found Kartar Singh dead and at some distance, P.W. 14 lying with some injuries on his head. He, however, did not notice at the spot any of the other two persons P.Ws. 15 and 16. Thereafter he sent a formal F.I.R. (Ext. 7) to the Police station at Barbil on the same night at about 11 P. M. From the report it appears that the names of the assailants were not known to the A.S.I. and the same was lodged against some unknown persons. On receipt of the information P.W. 19 who was then working as the S.I. of Barbil Police Station, arrived at the spot that very night. After investigation, charge -sheet was submitted against these four Appellants and after due commitment, the accused persons stood their trial before the Court of Sessions where they were convicted and sentenced as above.

(3.) IN support of its case, the prosecution relied upon the evidence of some eye -witnesses who may be classified as (i) employees of the liquor shop such as P.Ws. 1, 6, 8, 9 and 10, (ii) independent witness such as P.W. 7 and, (iii) the persons belonging to the group of deceased Kartar Singh such as P.Ws. 14, 15 and 16.