NAWAL PRASAD @ NAWAL KUMAR SON OF LATE RAMESHWAR MAHTO Vs. JAI KANT PRASAD SON OF DAMODAR PRASAD AND JITENDRA PRASAD SON OF DWARIKA PRASAD

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. The above three Appellants along with other three accused were put on trial. By Order dated, 19th December, 2003 passed by Sri Paras Nath Sinha, Presiding Officer, Addl. Court (Fast Track), Munger in Sessions Case No. 37 of 1997 Appellant Nawal Prasad was found guilty under Section 302. of the Indian Penal Code and under Section 27 of the Arms Act and further this Appellant Nawal Prasad, Jitendra Prasad and Jai Kant Prasad were found guilty under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

(2.) By the said Order, three other accused namely, Nandlal Mandal, Subhash Prasad and Sujit Prasad were not found guilty under Section 302/149 of the Indian Penal Code and under Section 27 of the Arms Act, so they were acquitted of the charges and discharged from the liabilities of their bail bonds. By Order dated, 22nd December, 2003, Appellant Nawal Prasad was sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and also to pay a fine of Rs. 2,000, in default to undergo simple imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for one year under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently. No separate sentence under Section 302/34 of the Indian Penal Code was passed against him. Other two Appellants namely, Jitendra Prasad and Jai Kant Prasad were sentenced to undergo imprisonment for life under Section 302/34 of the Indian Penal Code and also to pay a fine of Rs. 2,000 each, in default to undergo simple imprisonment for six months. No separate sentence was passed under Section 27 of the Arms Act against these two Appellants.

(3.) THE case has resulted on account of an occurrence at 5 P.M. on 30th November, 1995 with regard to land dispute in between the Informant Rajendra Prasad (P.W. 6) and Appellant Nawal Prasad. The Informant had given his written report addressed to the Officer -in -Charge, Sheikhpura alleging therein that the land under dispute was lying unfertile. On 30th November, 1995 Informant 'sbrother Surendra Kumar (deceased) was returning to his house after harvesting paddy at 5 P.M. and when he reached near the house of Sheo Shankar Prasad, suddenly co - villagers Nawal Prasad (Appellant), Jai Kant Prasad (Appellant), Jitendra Prasad (Appellant), Nand Lai Prasad (acquitted), Sujit Prasad (acquitted) and Subhash Prasad (acquitted), all having rifles, came and at the instigation of Jai Kant Prasad, Nawal Prasad fired as a result thereof, the Informant 'sbrother Surendra Kumar fell down. On cry, the persons of nearby came and through a tractor, the Informant 'sinjured brother was taken to Sheikhpura hospital for treatment but he was pronounced dead. The dead body was brought to police station and fardbeyan was given. The matter was investigated into and after completion of investigation, chargesheet was submitted. Cognizance was taken and after observing all paraphernalia regarding supply of police paper etc., the case was committed to the Court of sessions where charges were framed and explained to the accused persons who pleaded innocence. So the trial proceeded.