GAMA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present appeal, the abovenamed four Appellants have challenged the judgment of conviction and order of sentence dated 16th January, 1988 passed in Sessions Case No. 195 of 1980 by the learned 1st Additional Sessions Judge, Siwan whereby the Appellants were held guilty for the offences punishable under Section 302 of the Indian Penal Code and accordingly sentenced to undergo rigorous imprisonment for life. Though in the last part of the judgment, it has been mentioned that no separate sentence under Sections 302/149 Indian Penal Code is being passed which appears to be a mistake since the order of conviction was passed only under Section 302 of the Indian Penal Code, as the Appellants were not convicted separately under Sections 302/149 Indian Penal Code.

(2.) The prosecution case, as canvassed through the fardbeyan of Sipahi Bhagat (PW-6) recorded by S.I.N. Jha on 3.4.1979 at 4.15 P.M. at Sadar Hospital, Siwan is to the effect that on 3.4.1979 at 11 A.M. the informant's son, namely, Sambhu Prasad (deceased), who was Sarpanch of the village, was going to Siwan from his village home Chapia, when the bus reached near Daroga Hata (P.O.) then co-villagers, namely, Basudev Koiree, Babu Lai Ahir (Appellant No. 2), Gama Ahir (Appellant No. 1), Saheb Ahir (Appellant No. 4) and Manika Ahir (Appellant No. 3) armed with lathi and dagger obstructed the traffic by putting a Bullock cart on the main road. When the bus stopped then all the accused persons dragged out the informant's son from the bus and took him to a nearby wheat crop field and started assaulting with lathi and dagger. The informant was also going to Siwan, hence on alarm of his son, the informant went to save him the informant was followed by the co-villagers Banarsi Koiree (PW-4), Devraj Koiree (PW-5) as well as Ganga Bhagat (not examined) who also saw "The occurrence but they could not go forward to save the deceased. Subsequently when the villagers reached to the place of occurrence, the accused persons fled away. Thereafter, the informant brought his injured son to Sadar Hospital, Siwan on a truck where his son was treated but ultimately the informant's son died. The fard-beyan (Ext.-3) culminated into the institution of Siwan Muffasil P.S. Case No. 4 of 1979 under Sections, 147, 148, 149, 302 of the Indian Penal Code. The FIR (Ext.-5) bears the signature of two attesting witnesses, namely, Birendra Yadav and Devraj Prasad (not examined).

(3.) The police after investigation submitted charge-sheet and after cognizance, the case was committed to the Court of Sessions where the charges were framed under Sections 302, 302/149 Indian Penal Code and explained to the Appellants to which they pleaded not guilty and claimed to be tried.