INDRADEV JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants along with Tirthu Jha were tried for the offence punishable under Sections 307/149 of the Indian Penal Code (IPC) and also under Section 147, IPC. Appellant Chandradev Jha was tried also for the offence punishable under Sections 307/149 and 148 IPC. Though trial of Tirthu Jha also commenced with the appellants, however, on consideration of his minority, since he was triable by a Court established under the provisions of Juvenile Justice Act, the proceeding in respect of the said delinquent juvenile was segregated and his case was forwarded to the Chief Judicial Magistrate for passing appropriate order under the provisions of Section 7 (2) of the Juvenile Justice Act.

(2.) The trial Court on appreciation of evidences, found appellant Chandradev Jha guilty under Sections 307 and 148 of IPC and sentenced him to suffer rigorous imprisonment for ten years and three years respectively on these counts. Appellants Indradeo Jha, Jai Kumar Thakur and Markandey Mishra too suffered conviction under Sections 307/149, IPC. They were also found guilty under Section 147, IPC and were sentenced to suffer rigorous imprisonment for ten years and two years, respectively on these counts, with a direction that all these sentences shall run concurrently.

(3.) Fardbeyan of Jago Thakur (P.W. 3), recorded by Shri S. B. Pandey, Sub -Inspector of Police, in Darbhanga Medical College Hospital on 2nd July, 1979, would, inter alia, allege that on 17th June, 1979, while said Jago Thakur was sowing seeds of paddy in the field with the assistance of the labourers, at about 6 a.m., Indradeo Jha, Jai Kumar Thakur, Tirthu Jha, Markandey Mishra and Chandradeo Jha emerged holding weapons and wooden substances with them. Appellant Chandradeo Jha was suggested to have carried bhala with him and shortly after their arrival. It was alleged, that they intercepted Jago Thakur when Chandradeo Jha forbade Jago from ploughing the field, as it was taken by him on execution of deed of mortgage. It was alleged that Chandradeo Jha thereafter pierced bhala in the abdomen when he dropped to the ground and with these narrations in the Fardbeyan of Jago Thakur, First Information Report was drawn up at Kalyanpur Police Station which is the sheet anchor of the prosecution case. Investigation commenced and during pendency of investigation, the I.O. recorded statements of witnesses, visited place of occurrence, obtained injury report in respect of Jago Thakur and on conclusion of investigation, laid charge -sheet before the Court. The case was committed to the Court of Sessions and the appellants along with others were put on trial. The trial Court on appreciation of evidence placed on record, as has been stated above, while segregated proceeding of Tirthu Jha for his trial under the Juvenile Justice Act, found the appellants guilty and sentenced them in the manner stated above. In the eventual trial, the prosecution examined altogether six witnesses including Jago Thakur, his son, doctor and other witnesses.