RAM NANDAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1.7.1987 passed by Ist Addl. Sessions Judge, Muzaffarpur in Sessions Trial No. 141 of 1983/111 of 1983 convicting and sentencing all the three appellants to undergo imprisonment for life under Sections 302/34 of the Indian Penal Code (in short, IPC).

(2.) The case of prosecution in short is that about one year prior to 27.12.1981 Ambika Pandey, father of informant Uma Shankar Pandey (PW 7) had advanced a loan of Rs. 50/- to appellant Ram Nandan Pandey which was not being returned to him in spite of repeated demands. On 27.12.1981 at about 8.30 a.m. Ambika Pandey went to appellant Ram Nandan Pandey for demanding the money but appellant Ram Nandan Pandey this time too refused to make payment and started abusing Ambika Pandey and became ready to assault him. Ambika Pandey returned to his house. Thereafter, appellant Ram Nandan Pandey along with his brother appellant Sheo Nandan Pandey and his son appellant Baliram Pandey, all armed with 'lathis', came to the 'darzvaja' of Ambika Pandey and appellant Ram Nandan Pandey by saying that in spite of assurance of returning the loan amount Ambika Pandey was making repeated demands for the money, ordered the other two appellants to kill Ambika Pandey and thereafter all the three appellants assaulted Ambika Pandey with 'lathis' resulting into his death on the spot. When the informant and his uncle Kapildeo Pandey (PW 5) tried to rescue Ambika Pandey they also received injuries from the appellants. The occurrence was seen by Ram Narayan Singh (PW 1), Binda Singh (PW 2), Rudal Pandey (PW 3) and others. On the same day at about 11.00 a.m., the informant went to police station and lodged the FIR (Ext. 2) against the appellants. A case under Sections 302/34, IPC was registered against the appellants and after investigation charge-sheet under Sections 302/34 and 323, IPC was submitted against them. After cognizance the case was committed to the Court of Sessions where charges under Sections 302/34 and 323, IPC were framed against the appellants. The appellants denied the charges and pleaded not guilty. Their case as it appears from the trend of cross-examination of prosecution witnesses is that they have been falsely implicated in this case.

(3.) In order to prove its case, the prosecution has examined seven witnesses. Uma Shankar Pandey (PW 7), the son of deceased, is informant. Dr. Manoranjan Kumar Srivastava (PW 6) is the doctor who had held post-mortem examination on the dead body of the deceased. Ram Narayan Singh (PW 1), Binda Singh (PW 2), Rudal Pandey (PW 3), Bhag Narayan Singh (PW 4) and Kapildeo Pandey (PW 5), who is uncle of informant, have not supported the case of prosecution and they have been declared hostile.