NATHO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above five appellants were put on trial and by judgment dated 12.5.1988 they have been convicted under Section 302/34 of the Indian Penal Code for causing murder of Ramdeo Paswan and further convicted under Section 323 of the Indian Penal Code for causing injury to informant Asharphi Paswan. They have been sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for six months for offences under Section 302/34 of the Indian Penal Code and under Section 323 of the Indian Penal Code, respectively, by 3rd Additional Sessions Judge, Begusarai in Sessions Trial No. 316 of 1985/111 of 1985. Their sentences were ordered to run concurrently.

(2.) On 9.2.1985 the informant Asharphi Paswan has given his statement before the police that on the preceding date i.e., on 8.2.1985 at 3.00 p.m. he along with his younger brother Ramdeo Paswan was sitting at Basbatti which was situated by the side of his house. At that very time, the named accused persons of the First Information Report came variously armed with lathi and daw tried to cut the bamboos. When it was protested by the informant's brother Ramdeo Paswan, then at the behest of Jhari Paswan. all the accused persons namely, Bhakhoran Paswan, Bino Paswan, Mahesar Paswan, Natho Paswan and Kapildeo Paswan started indiscriminate assault by means of lathi, as a result thereof Ramdeo Paswan received severe injuries and the informant also received injuries when he tried to rescue him. Ramdeo Paswan was brought to hospital for treatment but there he succumbed to the injuries. The fardbeyan of the informant resulted in Sahebpur Kamal PS Case No. 17 of 1985 under Sections 147, 148, 323 and 302 of the Indian Penal Code and after investigation, charge-sheet was submitted under the aforesaid sections. One Maheshwar Paswan was initially absconding during investigation, so charge- sheet was submitted showing him as an absconder. On the basis of the charge- sheet, cognizance was taken and after completing all paraphernalia the case was committed to the Court of Sessions. The case came to the Court of 3rd Additional Sessions Judge on transfer by the Sessions Judge where charges were framed and explained to the accused persons. They pleaded innocence and preferred to face the trial.

(3.) The defence of the accused persons was of false implication.