HARENDRA NATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arise from the common judgment dated 27th July, 1987, passed by 5th Additional Sessions Judge, Rohtas in Sessions Trial No. 77 of 1981. They have been heard together and are being disposed of by this judgment.

(2.) Appellants Devendra Nath Mishra along with Deodhari Choudhary suffered conviction under Section 302 of the Indian Penal Code (IPC) and both were sentenced to undergo life imprisonment. These two appellants also suffered conviction under Section 27 of the Arms Act and were sentenced to undergo rigorous imprisonment for three yeas. However, both the sentences were directed to run concurrently. Appellants Radheyshyam Choudhary, Ramjanam Choudhary, Srilal Choudhary, Choudhary Abinas Prasad and Harendranath Mishra suffered conviction under Section 302/34 IPC and were sentenced to suffer life imprisonment.

(3.) The factual matrix are that as paddy crops harvested from 1.61 acres of land, which situate in village Khairahi, were kept in the field for putting them in bundles, Sri Krishanditya Narain Tiwary (PW 5) along with Ramparvesh Choudhary (deceased) and Radha Kishun Choudhary (PW 1) came to the field. Shortly after he arrived in the field and was waiting for arrival of the labourers, he noticed the appellants coming from a distance of 200-250 yards from the field. It was alleged that soon after the appellants came, appellant Devendra Nath Mishra forbade Rampravesh Choudhary to touch the paddy crops harvested by him, which was strongly retorted by Rampravesh Choudhary saying that as he had sown the paddy crops and harvested the same, he would also remove the same. It is alleged that appellant Devendra Nath Mishra, exhorted his companions to eliminate Rampravesh Choudhary and shortly thereafter, both Devendra Nath Mishra and Deodhari Choudhary took recourse to firing which hit Rampravesh Choudhary, who ran towards north and crossing a canal dropped to the field of Ganesh Choudhary. Appellants were suggested to have again opened fire conjointly and retired from the place of occurrence and with these narrations, fardbeyan of Krishanditya Narain Tiwary was recorded by the Police at 1 p.m. on 3rd of December, 1979 following which investigation commenced, on conclusion of which Police laid charge-sheet in the Court and the appellants were eventually put on trial. In the eventual trial, prosecution examined altogether five witnesses and defence examined three witnesses to counter the allegations attributed to the appellants.