RAGHUNATH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant named above against the judgment of conviction and order of sentence dated 17th March, 2003 passed in Sessions Trial No. 397 of 1998 / 58 of 2003 by the learned Additional Sessions Judge, F.T.C. No. IV, Samastipur whereby he was convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act for killing Most. Bhagerni Devi and he has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code with fine of Rs. 10,000/- and in default of payment fine he has to undergo simple imprisonment for two years. The appellant was further sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 1,000/- under Section 27 of the Arms Act and in default of payment of fine he was directed to undergo simple imprisonment for two months. It was ordered that all the sentences shall run concurrently.

(2.) The prosecution case started on the basis of a fardbeyan (Ext.3) resulting in formal FIR (Ext.4) containing the signature of informant (Ext. 1) which was recorded at the house of the informant PW 3 Jamindar Chaudhary on 29.9.1997 at 00.15 hours. The fard-beyan was given in presence of Sahdeo Chaudhary (PW 5). The informant stated that at about 9.30 PM of the preceding night he was at his Darwaja. In the mean while the appellant, Kedar Chaudhary, Yogendera Chaudhary and 2-3 unknown persons came on a Tempo from the side of Mohanpur Hat. Suddenly the tempo stopped near the Darwaja of the informant. The accused persons started abusing and asking the informant as to why he has burnt 'Ghura' on the road because the tyre of the tempo has got burnt. The informant replied that all the persons were arranging 'Ghura' on the road and when the informant has followed them then he was at no fault. Appellant got down from the tempo and he had altercation with the informant's son and it turned into scuffle. The persons of the locality intervened and the appellant Raghunath Chaudhary went threatening with his tempo. After about one hour, Raghunath Chaudhary came along with above mentioned accused and again started shouting loudly. The informant protested and requested that the matter should be settled by the persons of the society. Informant's son also protested. Allegation is that at the behest of Kedar Chaudhary and Yogendra Chaudhary this appellant Raghunath Chaudhary shouted for killing and Raghunath Chaudhary fired from his pistol which he was carrying in his right hand. The informant bowed down and the firing struck the informant's mother who fell down and died. The appellant and other accused persons escaped. The occurrence was witnessed by Jitendra Chaudhary (not examined), Rajendra Chaudhary (PW 2) and Abhay Chaudhary (PW 6). The fard-beyan was resulted into registration of Kalayanpur P.S. Case No. 118 of 1997 under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. After investigation chargesheet was submitted. Cognizance was taken and the case was committed to the Court of Sessions where the charges were framed and explained to the appellant to which he pleaded not guilty and claimed to be tried.

(3.) The defence of the appellant was of false implication on account of enmity. It has also been submitted that the parties have compromise the case.