SURESH GOSWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 31.8.1989 in Sessions Trial No. 88/88/3/88 whereby and whereunder, appellant No. 8 Chamru Goswami (now dead) was convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code for having committed the murder of Bhola Goswami. Rest of the appellants including appellant No. 3 Sobhi Goswami. (now dead) were held guilty for the offences under Section 302 read with Section 149 of the Indian Penal Code and sentence to undergo rigorous imprisonment for life. Appellant Nos. 1, 3, 4 and 6 were convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years each. Appellants No 1 to 5 have further been convicted and sentenced to undergo rigorous imprisonment for three months each for the offence under Section 337 of the Indiar Penal Code. Appellants No. 3 and 5 were also convicted under Section 147 of the Indian Penal Code and sentenced to un dergo rigorous imprisonment for one year each. However, the sentences were ordered to run concurrently.

(2.) THE case of the prosecution, a would appear from the fardbeyan (Ext. 3) in brief, is that on 2 -5 - 1987 at about 8.0 p.m. the informant Khushal Goswami (P.W. 3) was present in his house alon with his son Laxmi Goswami (P.W. 1) The house of appellant Chamru Goswami was also located nearby the house of the informant. On hearing sound of bomb exploded by appellant Chamru Goswami, the informant and his so came out of their house and asked Chamru Goswami to explode bomb at a safe place so that one may not be injured whereupon Chamru started abusing the informant and also threatened to explode another bomb. The informant and his son raised alarm. In the meantime, the accused -persons arrived there. It is alleged, on the order of appellant No. 1 (Suresh Goswami) to kill the informant and his son, all the accused -persons pelted brick bats, causing injuries to Jagdish Goswami (P.W. 2), Bhukti Devi, (P.W. 4) and one Radha Devi. In the meantime, deceased Bhola Goswami, the full brother of the informant, who had gone for rickshaw pulling, returned there and arrived at the Darwaja of accused Chamru Goswami. In the meantime, Chamru Goswami hurled a bomb on account of which he sustained injuries. Thereafter, accused Suresh Goswami also inflicted Bhola injury. Bhola Goswami having received such injuries, died at the spot. On the basis of the aforementioned facts, the police registered the First Information Report and ultimately having found the case prima facie true, submitted the charge -sheet. Ultimately, the Chief Judicial Magistrate on due observance of all the necessary formalities, took cognizance of the offences and committed the case to the Court of Sessions.

(3.) THE prosecution, as would appear from the record of the case, examined altogether nine witnesses, out of them P.W. 1 (Laxmi Goswami), RW. 2 (Jagdish Goswami & Bhusu Goswami), P. W. 3 (Khushal Goswami) and P.W. 4 (Bhutki Devi) have come forward as ocular witnesses, P.W. 8 (Dr. H.I. Ansari) is the doctor, who had conducted the autopsy on the person of the deceased and P.W. 9 (Raja Ram Singh) is the Investigating Officer whereas P.W. 5 (Ganesh Mandal), P.W. 6 (Ram Bilas Singh) and P.W. 7 (Kamal Mandal) are the formal witnesses. The defence has also examined two witnesses, namely, D.W. 1 (Anjoy Kumar Srivastava, Assistant Engineer of the Electricity Department) and D.W. 2 (Rameshwar Goswami).