BIRENDRA SONAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal No. 91 (DB) of 1989 on behalf of Birendra Sonar, Brahmadeo Sonar and Baijnath Sonar and CRIMINAL Appeal No. 131 (DB) of 1989 on behalf of Dharmdeo Sonar, brother of Appellant No.1 of CRIMINAL Appeal No. 91 (DB) of 1989 have been filed against the judgment of conviction and sentence passed by the learned 6th Additional Sessions Judge, Siwan on 24.01.1989 in Sessions Trial No. 241 of 1986 whereby the appellants were convicted under Section 302/34 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for life.

(2.) BEFORE proceeding further it will be apt to note down the salient features of the prosecution case which resulted on the basis of fardbeyan of Shankar Sah (P.W.4). The fardbeyan was given in the police station and it was recorded by Ramashray Ram (P.W.6). P.W.4 in his fardbeyan has stated that on 1st January, 1985 he was present at his cycle shop with his full brother Ramdeo Sah (deceased of the case). At about 6.30 p.m. on that the informant's brother Ramdeo Sah went to the liquor shop of Shankar Chaudhary. He returned at 8.00 p.m. but was followed by accused Birendra Sonar, Brahmadeo Sonar and Dharmdeo Sonar and their father Baijnath Sonar. All the four accused persons complained saying that there was no dues against them. The informant's brother replied that Dharmdeo Sonar has taken tyre etc. worth Rs. 3000/- and that money was not being returned. Immediately, thereafter, all the four named accused persons started abusing and assaulting by fists and slaps. At that time Dharmdeo Sonar was carrying one iron rod. He struck from the iron rod upon the head of the informant's brother whereas Birendra Sonar, Brahmadeo Sonar and Baijnath Sonar assaulted indiscriminately Ramdeo Sah by means of Lathis which were they carrying at the time of occurrence. The informant named Birendra Sonar, Brahmadeo Sonar, Dharmdeo Sonar and Baijnath Sonar. Rajendra Prasad (P.W.1), Jagdish Kanu and Sheikh Munna came and witnessed the occurrence. The informant's brother died due to the assault. The fardbeyan resulted in Mairwa P.S. Case No. 1 of 1985 dated 01.01.1985 under Section 302/34 of the Indian Penal Code. After investigation, the charge sheet was submitted, cognizance was taken and the case was committed to the court of Sessions where charges were explained to the accused persons who pleaded innocence so the trial proceeded.

(3.) NOW, remains the evidence of P.W.4. According to him, at about 8.00 p.m. on the 1st January, 1985 he was at his Cycle Shop. According to him, accused Dharmdeo Sonar has taken some spare parts of the cycle from Ramdeo Sah. The informant's brother was demanding that amount from him. Dharmdeo Sonar was also having a cycle repairing shop. The demand by Ramdeo Sah resulted in altercation and quarrel. Meanwhile, Brahmadeo Sonar, Birendra Sonar and Baijnath Sonar extricate Ramdeo Sah from the shop and they dragged him up to the road. These appellants were being actively associated by their father namely Baijnath Sonar. All the accused persons indiscriminately assaulted Ramdeo Sah by fists and slaps. Dharmdeo Sonar struck iron rod blow upon the head of Ramdeo Sah who fell down, thereafter, rest accused again assaulted by fists and slaps and sticks. Due to those combined assaults Ramdeo Sah succumbed. According to him, it was a night and at that time electric bulb was giving light and in that light the informant has identified the appellants. He further stated that it was raining cats and dogs in the night. According to him, the occurrence was witnessed by other persons namely P.Ws. 1, 2 and 3. His fardbeyan has resulted into First Information Report (Ext.1).