SUDAMA BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of common judgment and order of conviction. They have been heard together and are being disposed of by this judgment.

(2.) The appellants in Cr. Appeal No. 162 of 1987 have been convicted for the offence under Section 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. The appellants in Cr. Appeal No. 177 of 1987 have been convicted for the offence under Section 302 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellant Bhagwan Bind of the same appeal has further been convicted for the offence under Section 323 of the Indian Penal Code and has been sentenced to undergo rigorousimprisonment for one year. He has also been convicted for the offence under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for one year. All the appellants have further been convicted for the offence under Section 201 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years. However, sentences have been ordered to run concurrently vide judgment and order dated 31-3-1987 passed by 7th Additional Sessions Judge, Munger in Sessions Trial No. 361/7 of 1985.

(3.) The prosecution case as has been stated in the first information report is that one Saryug Thakur gave his fardbeyan before the police on 31-7-1984 at about 2 p.m. stating therein that on 30-7-1984 at about 5 p.m. while he was in his house the accused persons, namely, Bhagwan Bind, Arjun Bind, Daso Bind and Sudama Bind came there. Bhagwan Bind fired from his country made rifle on his son, namely, Jawahar Thakur. He sustained injury and fell down on the ground. Daso Bind gave Farsa blow thereafter on his neck due to which his son died. All the accused persons tried to take away the dead body of his son on a cot. His daughter, namely, Leela Devi caught the cot on which accused Bhagwan Bind assaulted her with wooden stick. He also tried to prevent them from taking the dead body of Jawahar Thakur but accused Bhagwan Bind threatened to kill. They took away the dead body of his son. At about mid night the accused persons again came, scrapped the blood stained earth and they took it away. The motive of the occurrence was that last Saturday some unknown persons killed Binda Bind. The accused persons had suspicion that the deceased Jawahar Thakur had also hand in the occurrence.