RAMAKANT SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) BOTH these appeals arise out of the common judgment and order of conviction and sentence and, therefore, they have been heard together and are being disposed of by this common judgment.

(3.) THE prosecution case, briefly stated, is that on 24.9.1994 at about 5 P.M. deceased Ajay Sharma, the nephew of informant Rangnath Sharma (P.W. 7) was sitting at the door of his house in village Bhori, P.S. Tekari, District Gaya. At that time accuseds Satendra Sharma @ Totan Sharma, Pankaj Sharma and Ramakant Sharma of his village came there and took away Ajay Sharma with them. Thereupon the informant prevented his nephew Ajay Sharma from going with them but Satendra Sharma told that soon Ajay Sharma would return. It is alleged that three accused persons took Ajay Sharma towards northern side of the village. After some time informant Rangnath Sharma along with Sidhnath Sharma (P.W. 5) also went towards his cabin ituated on the northern side of his village for attending call of nature and giving the round towards his field but when they proceeded about 150 yards on western side from the cabin of the informant they saw accused Satendra Sharma, Pankaj Sharma and Ramakant Sharma scuffling and indulging in exchange of hot words with Ajay Sharma at some distance on northern side of the Middle School. Soon thereafter Satendra Sharma took out pistol from his waist and fired it on the chest of Ajay Sharma as a result of which Ajay Sharma fell down there. Thereafter informant Rangnath Sharma and Sidhnath Sharma raised hulla and proceeded towards the place of occurrence but the accused persons threatened them that whoever would proceed further would be shot dead and thereafter they fled away towards western side. In the meantime, some villagers who were playing football in the field also came there and saw the accused persons committing the alleged occurrence. It was getting 6 P.M. in the evening and when the informant and Sidhnath Sharma arrived at the place of occurrence, they found Ajay Sharma lying dead there. The informant has stated that the main reason for the alleged occurrence is that four days ago a quarrel had taken place for irrigation of the land with Satendra Sharma and his father but the villagers got the dispute settled. Due to said grudge the accused persons took away deceased Ajay Sharma on false plea and committed his murder. After the occurrence informant Rangnath Sharma (P.W. 7) went to Tekari Police Station where police recorded his statement.