STATE OF BIHAR Vs. GOVIND RAI

JUDGEMENT

(1.) All the eleven respondents had been charged of the offence punishable under Section 302 read with Section 149 of Indian Penal Code for causing the death of one Khusro Dhobi and one Inder Dhobi in prosecution of the common object of an unlawful assembly which they had allegedly formed at 12 noon on 17-7-1981 in a field of village Barkatha, P. S. Giridih, Muffasil. Respondent No. 3 and Respondent No. J, had further been charged of the offence punishable under Section 324 of Indian Penal Code for voluntarily causing hurt to the informant, Panchu Dhobi (P. W. No. 1) by means of Gupti and Tangi respectively. Respondents 1 to 5 were further charged under Section 324 of Indian Penal Code for voluntarily causing hurt to one Kishnu Dhobi and one Dahru Dhobi. Respondents 1 and 3 were also charged of the offence punishable under Section 326 of Indian Penal Code for voluntarily causing grievous hurt to one Karoo Dhobi by means of Tangi and Gupti. All the respondents have been acquitted of the various charges by the learned Sessions Judge, Giridih by his judgment and order, dated 11-1-1984, against which this appeal has been preferred.

(2.) The case was instituted on the basis of a Fard-beyan recorded on the statement of P. W. 1 at 9 P. M. on 17-7-198! at Giridih hospital by a police officer, P. W. 10 and the prosecution case as disclosed from the fard-beyan may briefly be stated as follows. At about 12 noon the informant, P.W.1, heard an alarm of Khusroo Dhobi (one of the deceased) from a filed situated in village Barkatha, P. S. Giridih Mufassil. In that filed Khusroo had been collecting from before uprooted seedlings of paddy, and the informant alongwith Karu Dhobi (P. W. 8). Kishun Dhobi (P. W. 2), Dharoo Dhobi (P. W. 9) and Inder Dhobi (the other deceased)went running to the field on the alarm. They saw there all the eleven respondents variously armed. Respondents No. 3 and 5 (Dhusa Rai and Badri Rai) were armed with gupti. Respondent No. 4 (Jahlu Rai) was armed with Gandasa, Respondent No. 2 Sarju Rat was armed with Bhala and the rest were armed with lathis or Dandas, Khusroo Dhobi was given blow with Gupti and lathi by Dhusa Rai and Puran Rai respectively. Karu Dhobi was assaulted with lathi by Puran Rai and with Tangi by Govind Rai. Inder Dhobi was given a blow with Pharsa by Jahloo Rai and with Gupti by Badri Rai. Kishun and Daluoo were assaulted by all the respondents. When the informant tried to save the victims he too was given blows, with Gupti by Dhusa Rai and with axe by Govind Rai. All the Respondents ran away after the assault. Two of the injured. Khusroo and Inder had sustained severe injuries and when they were being carried to Giridih hospital on a bullock cart, they succumbed to their injuries before they reached the hospital. The other injured were being treated in the Giridih hospital where the police officer recorded the Fard-beyan at 9 P. M. on the very day of the occurrence, i.e. on 17-7-1981. At the time of the occurrence one Baikunth Rai, Jaggoo Rai and Teko Rai were also present according to the Fard-beyan.

(3.) It seems that on the basis of the Fard-beyan (Ext. 3) the case was instituted by drawing up a formal First information report (Ext. 4) and the investigation was done by the Police Sub-Inspector (P. W. 10) who eventually submitted charge-sheet against all the respondents. The respondents were then charged as already indicated above and tried by the learned Sessions Judge who has passed the impugned judgment of acquittal in Sessions Trial No. 130 of 1982.