RAMESHWAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment and order, dated 1st April, 1987, passed in Sessions Trial No. 102 of 1983, by IInd Additional Sessions Judge, Muzaffarpur, whereby, the learned Additional Sessions Judge had convicted the appellants under Sections 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. Besides these appellants, there was one more accused, Saraswati Devi, in Sessions Trial No. 102 of 1983, who had been acquitted by the trial Court.

(2.) In short, the case of the prosecution is that the informant, Kamta Singh, who is also the deceased of this case, was returning from Muzaffarpur to his house on 3.12.1982 at about 07.00 to 08.00 p.m., along with his nephew, Ram Naresh Singh (PW 2). They had got down from the train at Turki Railway Station on way to home, when the informant and his nephew, Ram Naresh Singh, reached near the door of Sahtu Thakur, accused Rameshwar Thakur, assaulted him with bhala, which hit him on his head and panjara. Accused Tuntun Thakur assaulted him with lathi and accused Kishori Choudhary and his brother-in-law (Bahnoi) assaulted him with chhura. Accused, Rameshwar Thakur, gave him further bhala blow in his abdomen and hand and, thereafter, the accused persons took the informant to the house of Tuntun Thakur, where wife of Tuntun Thakur had caught him and the accused persons had assaulted him there also. The wife of Tuntun Thakur had taken out Rs. 1,000/- from the informant. As a result of the assault, the informant was injured. On hulla, dafadar Sachhidanand Singh and chowkidar Rameshwar Bhagat had reached there. Near Kurhani Railway Station Chowk, Surya Narayan Arun, officer-in-charge, Kurhani Police Station had recorded the fardbeyan (Exhibit 2) of Kamta Singh at 02.00 a.m. on 04.12.1982. The informant Kamta Singh died due to the injuries. On the basis of the fardbeyan, formal First Information Report (Exhibit 3) was drawn in this case. After investigation, police submitted charge-sheet against the accused persons. The learned Judicial Magistrate took cognizance of the case and committed the case to the Court of Sessions for trial.

(3.) Defence of the accused persons is that they have been falsely implicated in this case.