PRADIP BELDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed against the judgment of the Trial Court dated 22nd February. 1993 whereby, appellant No.1 Pradip Beldar was convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment on the allegation that he had committed the murder of Charitar Beldar. The remaining appellants have however, been convicted under Sections 302/149 of the Indian Penal Code and sentenced to undergo life imprisonment. The charge under Section 337 of the Indian Penal Code has failed since the prosecution was not able to prove it

(2.) THE prosecution case, in short is that on 21 -9 -1976 at 3.00 p.m. at Village -Danara Beldari Tola, Police Station Massaurhi, appellant Musafir Beldar was putting earth on the wall after removing the Naad and Khuta of Bajrangi Beldar (PW 5). When Bajrangi. Beldar protested against the uprooting of Naad, Khuta, etc. appellant Musafir Beldar assaulted him and his wife. In the meantime, PW 6 (Birbal Beldar, son of Bajrangi) by way of protest of the assault of his father. gave a lathi blow to Musafir Beldar. Being infuriated by such act of Birbal Beldar, Musafir Beldar went to his house and immediately came back to the place of occurrence alongwith the other accused persons, armed with lathi, Gaita and brick -bats etc. It is alleged that on the direction of co -accused Ram Sundar (since dead), the other accused -persons started assaulting the informant, his brother Bajrangi, the wife of Bajrangi Jethu and Birbal by lathi and brick -bats. In the meantime, as it has been alleged in the First Information Report. Appellant No. 1 Pradip Beldar took out a Gatta and assaulted the deceased Charital who ultimately succumbed to the injuries. On the basis of the above statement of Jhapai Beldar, the informant (PW 8), the police registered a regular case and after completing investigation. submitted charge -sheet.

(3.) THE prosecution, as would appear from the record, had examined altogether twelve witnesses to support its case. Out of them, PWs 1. (Raj Nandan Beldiu). 2 (Raj Ballav Beldar), 4 (Md. Illiash), 5. (Bajrangi, 6. (Birbal Bind), 7, (Tedu Bind), 8. (Jhapcy Be1dar) and 10. (Lakhpato) have come forward to support the case of the prosecution that the accused -persons had arrived at the place of occurrence armed with lathi and brick bats etc. They have also stated that while the altercation was g9ing on and accused -persons were throwing brickbats etc. appellant Pradip Beldar took out a Giata and assaulted deceased Charitar.