RAM BILASH BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.8.1987 passed by the 4th Additional Sessions Judge, Motihari, in Sessions Trial No. 233 of 1982/238 of 1987 convicting and sentencing the appellants to undergo imprisonment for life under Section 302 of the Indian Penal Code (in short, IPC).

(2.) The case of prosecution, in short, is that on 31.12.1981 the informant Kailasiya Devi (PW 3), her husband Shiv Narayan Bhagat (PW 1) and her brother Ram Bachan (since deceased) at about 8 PM after taking meal were sitting at the 'darwaja' of the house of informant near fire to warm themselves when all the appellants along with co-accused Ram Daresh Bhagat came there and took Ram Bachan Bhagat with them on the pretext of watching 'Kela' (banana) and lati (sweet potato) crops in their fields. When Ram Bachan Bhagat did not return for a considerable time it caused anxiety to the informant. About one and half hour thereafter the informant heard 'hulla' from the eastern side of the village on which she along with her husband and other villagers went to the place from where hulla was coming and found that her brother Ram Bachan Bhagat was lying dead on the road with marks of injuries on his neck. She further saw that witnesses Ramji Bhagat (PW 6), Suraj Bhagat (PW 5), Kailash Bhagat (PW 2) & Ram Bilash Bhagat son of Dwarika Bhagat (PW 4) had caught hold of appellant Ram Bilash Bhagat. In the meantime, Mukhiya Shri Uma Kant Sharan (not examined), Rajendra (not examined) and others came there. Witnesses Ramji Bhagat, Suraj Bhagat, Kailash Bhagat and Ram Bilash Bhagat son of Dwarika Bhagat told the informant that all the four appellants and co-accused Ram Daresh Bhagat had kept the dead body of deceased on the road by dragging from the western side and they apprehended appellant Ram Bilash Bhagat and identified others when they were fleeing away. Appellant Ram Bilash Bhagat confessed his guilt. Enmity between the parties is said to be the motive of occurrence. It is the further case of the informant that the informant in order to look after her cultivation had kept her deceased brother Ram Bachan Bhagat with her since last 5-6 years. On the next day i.e. on 1.1.1982 at about 8 a.m. the fardbeyan (Ext. 2) of the informant was recorded and a case under Section 147, 302 and 341, IPC was registered against the appellants and co-accused Ram Daresh Bhagat. After investigation charge-sheet against all the four appellants and against co-accused Ram Daresh Bhagat along with two more namely, Asharfi Bhagat and Roja Mian was submitted under Secrion 302/34, IPC. After taking cognizance the case was committed to the Court of Sessions where charges under Sections 147 and 302, IPC were framed against the appellants and other two co-accused persons. During the pendency of trial one co-accused, namely Roja Mian died and the trial proceeded against the appellants and Ram Daresh Bhagat and Asharfi Bhagat. The case of appellants before the Court below was complete denial of charges against them and their false implication on account of enmity and grudge. After trial the Court below found the appellants guilty and accordingly convicted and sentenced them as indicated above. Co-accused Ram Daresh Bhagat and Asharfi Bhagat were not found guilty and they were acquitted.

(3.) In order to prove its case the prosecution has examined 10 witnesses. PW 3 is the informant and in her deposition her name has been recorded as Kaushalya Devi whereas in the fardbeyan it is Kailasiya Devi. Dr. Vijay Narayan Singh (PW 9) is the doctor who had conducted post-mortem examination on the dead body of deceased. Sheoji Pd. Singh (PW 10) is the I.O. Ramji Bhagat (PW 6) has been tendered. Shiv Narayan Bhagat (PW 1), the husband of informant, and Kailash Bhagat (PW 2) have not supported the case of prosecution. Ram Bilash Bhagat son of Dwarika Bhagat (PW 4) and Suraj Bhagat (PW 5) are witnesses who had caught the appellant Ram Bilash Bhagat from the place of occurrence where dead body of deceased was found. Ramdeo Bhagat (PW 7) is the 'Dalpati' and he had gone to the place of occurrence on hearing 'hulla' and in whose presence appellant Ram Bilash Bhagat was handed over first to Mukhiya and thereafter to him. Witnesses Ramji Bhagat, Suraj Bhagat and Kailash Bhagat had kept appellant Ram Bilash Bhagat with them and handed over him to Mukhiya and thereafter Mukhiya put appellant Ram Bilash Bhagat in his custody and when the police came appellant Ram Bilash Bhagat was handed over to police. Nand Kishore Bhagat (PW 8) on the night of occurrence had heard 'hulla' and had seen co-accused Asharfi Bhagat and Roja Mian running away.