BISHWANATH DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant along with five others were tried by the Ist Additional Sessions Judge, Bettiah in Sessions trial No. 63/ 121 of 1975/ 1984. Charges under Ss.302 and 148 I.P.C. were framed against the appellant and charges under Ss.302/ 149, I.P.C. and 147, I.P.C. were framed against the remaining five accused. Two of the remaining five accused were acquitted by the trial Court and the remaining three accused, namely, Bhola Dusadh, Samal Dusadh and Chana Dusadh were found guilty under S. 147, I.P.C. only and they were given benefit of S.3 of the Probation of Offenders Act and ordered to be released on due admonition. The appellant has been found guilty under Ss.302 and 148, I.P.C. and sentenced to undergo rigorous imprisonment for life and for two years respectively under two counts which are to run concurrently. The appellant has filed the present appeal against his conviction and sentence.

(2.) The prosecution case as presented by the P.Ws. in the Court may be briefly stated. On 10th of January, 1974 at about 5 p.m. the informant Dhorha Manjit (P.W. 6) was at his Darwaja along with his son Jamuna Dusadh (the deceased) situated at village Barauni, P. S. Sikta, Distrct - West Champaran. Accused-appellant, Bishwanath Dusadh along with accused Bhola Dusadh, Samal Dusadh, Chana Dusadh and Budhu Dusadh came there. Appellant, Bishwanath Dusadh was armed with Farsa and the remaining accused were armed with Lathi. Accused started dismantling the Nad and uprooting Pegs (Khuta) of the first informant. The informant and the deceased, Jamuna Dupadh prevented them from doing so. Thereupon the accused Bishwanath Dusadh gave a Farsa blow on the head of the deceased, Jamuna Dusadh who fell down and became unconscious, accused Samal Dusadh assaulted the informant and his sister Ram Pyari Devi (P.W. 4) with Lathi. On hearing hulla the villagers had arrived there and some of them witnessed the occurrence. Accused persons after assaulting the deceased, the informant and Ram Payari Devi fled away. Jamuna Dusadh was taken to Sikta State Dispensary and from there on being asked by the doctor, he was taken to Duncan Hospital, Raxaul for treatment, but, the deceased succumbed to his injury on 11/01/1974 in the said Hospital. Police came from Raxual Police Station and held inquest on the dead body of the deceased and prepared inquest report (Exhibit-5). The informant after the death of the deceased went to Sikta Police Station and lodged information regarding occurrence and on his statement the first information report (Exhibit-4) was recorded.

(3.) The police after usual investigation submitted charge sheet against seven accused and thereafter congnizance of the case was taken and the case was committed to the Court of Session. It appears that after commitment and before the trial could be taken up one accused, named, Budhu Dusadh died. Hence, the trial proceeded against the remaining six accused including this appellant.