RAM KUMAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) On repeated calls none appeared on behalf of the appellants. Hence, Mr. Neeraj Kumar @ Sanidhya was appointed as Amicus Curiae to assist the Court.

(2.) Four appellants, through the aforesaid two appeals, have challenged the judgment and order of conviction dated 23rd April, 1988 passed in Sessions Trial No. 72 of 1984 by the learned First Additional Sessions Judge, Arah, whereby and whereunder the appellants namely Ram Kumar Chaudhary and Ayodhya Chaudhary (in Cr. App. No. 253 of 1988) were convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. Both the appellants have also been convicted under Section 27 of the Arms act and have been sentenced to undergo rigorous imprisonment for two years and both the sentences were directed to run concurrently, whereas the appellants namely Bhushan Chaudhary and Achhay Chaudhary (in Cr. App. No. 254 of 1988) have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The period undergone during the trial were directed to be set off.

(3.) The prosecution case as per the fardbeyan of Paras Chaudhary (P.W.7) recorded on 20.09.1983 at 1 a.m. at Aran, Nawadah police station in presence of the informant's brother Vishwanath Chaudhary (P.W.5) and nephew Ashok Kumar Chaudhary (P.W.6) is to the effect that the informant's younger brother Hah Nandan Chaudhary after taking his meal, went 500 yards north west to guard the sugar cane crop, where both, the informant and his deceased brother, slept on the Machan (Bamboo bed). In the mid-night the informant felt the urge of easing out, hence, he went in the south direction about 5-6 steps. In the meanwhile, the informant became Suspicious on finding four persons coming from northern direction. Hence, he concealed himself in the sugar cane field and started watching them in the moonlit night. It was seen by the informant that all the four persons reached near the Machan of the informant, where the informant's brother Hari Nandan Chaudhary (deceased) was sleeping. The four persons, identified in the moonlit night, were co-villagers of the informant, namely Ram Kumar Chaudhary, Ayodhya Chaudhary, both armed with gun and Bhushan Chaudhary, Achhay Chaudhary armed with Farsa. Firstly, Ram Kumar Chaudhary fired at the informant's brother, thereafter, Ayodhya Chaudhary also fired and subsequently all the four accused persons fled away towards north. After sometime, the informant came out from the cane field and went near his brother who was already dead and his body was soaked with blood. Thereafter, the informant started screaming and crying and then the informant's brother Vishwanath Chaudhary (P.W.5), Jadu Chaudhary (P.W.4) and co- villager Tulsi Chaudhari (P.W.3) and many other people came to the place of occurrence. Then the informant conveyed to them about the entire occurrence. The reason for the commission of the offence has been alleged that the deceased - brother of the informant used to make Pairvi in a case between Brij Bihari Chaudhary and the accused persons. The informant left his family members and the villagers near the dead body and went to the police station to lodge the First Information Report (Ext.F).