UDAY ALIAS FUCHAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above appeals have been heard together and are being disposed of by this common judgment because they have arisen out of one judgment.

(2.) Both the above appeals have been preferred by the above named appellants against the judgment of conviction dated 19.12.2006 and order of sentence dated 22.12.2006 passed by Additional Sessions Judge, Fast Track Court No.II, Banka in Sessions Trial No. 718 of 2002. The conviction of appellants Bambam Mishra, Tarakanth Mishra, Dilip Kumar Mishra and Prema Devi (Cr. Appeal No. 114 (DB) of 2007) was under Section 302 read with Section 34 of the Indian penal Code and they were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for five months. The conviction of appellant Uday alias Fuchan Mishra (Cr.Appeal No. 240 (DB) of 2007) was under Section 302 of the Indian Penal Code and 27 of the Arms Act. He was sentenced for offence under Section 302 of the Indian Penal Code to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for five months. For offence under Section 27 of the Arms Act, he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.300/- and in default of payment of fine, to undergo further rigorous imprisonment for one month. The sentences of appellant Uday alias Fuchan Mishra were ordered to run concurrently.

(3.) Fardbeyan of Nunu Lal Mishra son of Late Dip Nr.Mishra of village Tari Majhagaon, P.S.Belhar, District Banka was recorded by R.L.Mitra, S.I., Officer-in-charge Belhar Police Station, in the private clinic of Dr.Vijay Kr.Gupta on 11.02.2001 at 10.00 A.M. in which Nunu Lal Mishra, a man of 28 years and agriculturist, has alleged that at about preceding 8.00 A.M. he was cutting straw. At that very time, his brother Pramod Mishra was washing his hands on the handpump in front of his house. Informant's Bhabhi Kausalya Devi, his wife Pappu Devi and his brother Amod Mishra were also there. Informant's Bhabhi and his wife wanted to know as to who has evacuated near the tree. They would not be safe who have evacuated there. Reeta Devi, wife of appellant Uday alias Fuchan Mishra, Shuka Devi wife of late Damodar Mishra and Prema alias Huro Devi who were standing nearby the other houses thought that they were attributing the aforesaid act to them. Thereafter, they started abusing the informant's Bhabhi and others. The informant's brother Pramod Mishra asked them not to do so, then they started pelting stones from their roof and after hearing the exchange of words, Uday alias Fuchan Mishra, Bambam Mishra, Tarakanth Mishra and Dilip Jha reached there and exhorted, whereupon Uday alias Fuchan Mishra went to his house and brought a country made pistol and in presence of Bambam Mishra, Tarakanth Mishra, Rita Devi, Sukka Devi, Prema alias Huro Devi and Dilip Jha, he fired upon Pramod Mishra which caused injury on his forehead. Informant's brother fell down and became unconscious. He was carried to the clinic of Dr. Vijay Kr.Gupta for treatment who was posted in primary health Centre, Sangrampur. The informant's brother died there. Meanwhile, the police came and fardbeyan was recorded which resulted in Belhar P.S.Case No. 14 of 2001 dated 11.2.2001 under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Sub-Inspector of Police, R.L. Mitra took the charge of investigation. The allegation was investigated into and after completion of investigation, chargesheet was submitted against seven accused persons under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Cognizance was taken and the case was committed to the court of Sessions. Thereafter, charge under Section 302/34 of the Indian Penal Code was framed against all the seven accused namely, Uday Mishra @ Fuchan Mishra, Bambam Mishra, Tarak Nath Mishra alias Tarakant Mishra, Shuka Devi, Reeta Devi, Dilip Jha and Prema @ Huro Devi and further charges under Sections 302 of the Indian Penal Code and 27 of the Arms Act were framed against accused Uday Mishra alias Fuchan Mishra. Charges were explained to the accused persons who pleaded innocence. So the trial proceeded. During trial, two accused namely, Shuka Devi and Reeta Devi died and trial against them dropped.