BHOLA PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants of the above two appeals have been convicted under section 302/34 of the Indian Penal Code by the impugned judgment of conviction dated 13.2.2003 passed in Session Case No. 481 of 2000 by the learned 2nd Additional Sessions Judge, Banka and they have been accordingly sentenced to undergo R.I. for life by the impugned order of sentence dated 14.2.2003. Appellants, being aggrieved by the impugned judgment of conviction and order of sentence, have preferred the aforesaid two criminal appeals.

(2.) The prosecution case, as unfolded by the Fardbeyan (Ext.2) of P.W.6 Jaldhar Pandit, in short, is that the informant and appellant Kuldip Pandit are agnates and they are having their houses adjacent to each other. Appellant Kuldip Pandit had put up wooden beam (Bareri) of his house on the wall of the informant. House of appellant Kuldip Pandit had started falling because of rain and due to its old construction, as a result of which the house of the informant was also being damaged. Deceased Guru Dayal Pandit, father of the informant, in order to save his own wall cut some part of wooden beam of the accused persons on 13.9.1999 at about 10 A.M. in the day, where-after appellant Geeta Devi, armed with sickle, came over there and protested. On hearing altercation appellants namely Kuldip Pandit armed with Garasa, Bhola Pandit armed with sword and Khushi Lal Pandit armed with Lathi came over there and asked as to who had cut the aforesaid wooden beam ? Deceased Guru Dayal Pandit admitted to have cut the aforesaid wooden beam ,where-after appellant Kuldip Pandit uttered that he would be also cut in the same manner and rushed towards the father of the informant with Garasa and other appellants were following him. Deceased father of the informant could flee to a distance of 60 to 70 yards, but he was apprehended by the accused persons, where- after appellant Kuldip Pandit cut the neck of deceased Gurudayal Pandit as a result of which he died on the spot. Thereafter all the accused persons rushed towards the house of the informant. While Maniya Devi, mother of the informant, had come over Darwaja to flee from there, she was caught hold by all the four accused persons and appellant Kuldip Pandit again killed her at her Darwaja itself by using Garasa.

(3.) Aforesaid fardbeyan (Ext.2) of P.W.6 was recorded by P.W.7 Chandrika Rajak, S.I. of Belhar P.S., giving rise to Belhar P.S. case No. 85 of 1999 dated 30.9.1999 under section 302/34 of the Indian Penal Code. P.W.7 has not conducted the investigation of the present case. He has simply recorded the fardbeyan of P.W.6 and seized the blood stained Garasa, and, thereafter investigation was taken up by P.W.9 Jaipal Yadav. During the course of investigation, the witnesses supported the factum of death of deceased Gurudayal Pandit (father of the informant-P.W.6) and deceased Maniya Devi (mother of the informant-P.W.6). Witnesses also supported about the role played by appellant Kuldip Pandit for committing the murder of deceased persons. But the independent witnesses did not support the prosecution allegation about participation of other three appellants namely Bhola Pandit, Khusi Lal Pandit and Geeta Devi. In the aforesaid back ground, on close of investigation charge sheet no. 93/99 dated 30.12.1999 under section 302 of the Indian Penal Code was submitted only against appellant Kuldip Pandit. The other three appellants were not sent up for trial. However, by order dated 3.1.2000, learned C.J.M disagreed with the police report and took cognizance against all the accused persons under section 302/34 of the Indian penal Code and the case was committed to the court of session for trial.