PRAKASH PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOR an occurrence that took place on 17th December, 1982, on same set of evidences, two Sessions Trials bearing Nos, 185 of 1983 and 185 -A of 1983 commenced, on conclusion of which, appellants suffered conviction and were sentenced to different terms of imprisonment. There separate and distinct Criminal Appeals came to be filed by the appellants. While Cr. Appeal Nos. 145 of 1987 and 149 of 1987 arises out of Session Trial No. 185 of 1983, Cr. Appeal No. 39 of 1999 arises out of judgment rendered in Session Trial No. 185 -A of 1983. Facts of both Sessions cases and evidences led at trial are same, and that apart, common arguments were canvassed on behalf of the appellants at Bar and hence all the three appeals are being disposed of by this common judgment.

(2.) SHORN of details, prosecution case, for which the State went for trial, was that at about 9 a.m. on 17th December, 1982, while Ragho Prasad Singh (deceased) alongwith his son Devendra Prasad Singh (deceased) and their employee Jai Karan Prasad Singh (P.W. 9) was irrigating his field, which situates in Dumardih Bahiyar of village Heyatpur, by means of a pumping set, which was in operation, an unruly mob of 30 -40 persons came from north -east direction and surrounded Ragho Prasad Singh and Devendra Prasad Singh. It was alleged that while appellants Chandra Roshan Pandit Moleshwar Pandit and Prakash Poddar, opened fire, causing gun shot injuries to Devendra Prasad Singh, appellant Maheshwar Sao dealt blows on leg with spade, pursuant to which he dropped to the ground. When Ragho Prasad Singh getting frightened began to move towards south, the unruly mob chased him and it was alleged that appellants Ram Bilash Prasad, and Devendra Poddar, shot at him causing gun shot injuries, and after he dropped to the ground, appellants Krishna Mohan and Yogi Paswan, too dealt blows with spade on him. Allegations are attributed to appellants Badho alias Brahmdeo Yadav and Makkhan Pandit that they too dealt blows on Ragho Prasad Singh with lathi Jai Karan Prasad Singh, seeing the gruesome murder of his master, got frightened and ran to the village. Vijay Kumar Singh (P.W.2), Ashik Singh (P.W.3) and Badho Mandal (P.W.4) were suggested to be the ocular witnesses of the incident. Shortly after Jai Karan Prasad Singh ran to the village, Tapeshwar Singh (P.W.6), Radhey Prasad Singh (P.W.1) Badho Mandal (P.W.4) and Mahesh Sharma (P.W.8) came alongwith Jai Karan Singh and noticed Ragho Prasad Singh and Devendra Prasad Singh dead and with these narrations, fardbeyan of Jai Karan Prasad Singh (P.W.9) was recorded at 15 hours on the same day by Shri Ram Pavitra Singh, Sub -Inspector of Police (P.W. 11) which forms basis of First Information Report, drawn up at Chautham Police Station and investigation commenced. During pendency of investigation, Police Officer entrusted with investigation, recorded statement of witnesses under Section 161 of the Code of Criminal Procedure, prepared inquest report of the dead bodies of Devendra Prasad Singh and Ragho Prasad Singh, seized bloodstained earth and also bloodstained baniyan of Devendra Prasad Singh and sent the deadbodies to the mortuary, visited the place of occurrence, and on receipt of post mortem report and conclusion of investigation, laid charge -sheet before the Court and on being committed to the Court of Session, appellants were put on trial. On theses allegations of executing killings of Ragho Prasad Singh and Devendra Prasad Singh, as has been stated above, State went in trial in Session Trial No. 185 of 1983 on various charges. However, due to absconsion of appellant Chandra Roshan Pandit, at the fag end of trial, while his trial was segregated from rest of the appellants, Mauleshwar Pandit. Prakash Poddar, Ram Bilash Prasad, Devendra Poddar, Krishna Mohan Gupta and Yogi Paswan on being tried, suffered conviction under Section 302 of the Indian Penal Code (IPC) and were sentenced to suffer rigorous imprisonment for life. Like -wise, appellants Maheshwar Sao, Brahmdeo Yadav alias Badho, and Makkhan Pandit also suffered conviction under Section 302/ 149, IPC and were sentenced, the same term of imprisonment. Appellants Mauleshwar Pandit, Prakash Poddar, Ram Bilash Prasad, Devendra Poddar, Krishna Mohan Gupta, Yogi Paswan and Mahesh Sah, also suffered conviction under Section 148, IPC and were sentenced to suffer rigorous imprisonment for three years. Appellant Brahmdeo Yadav alias Badho and Mauleshwar Pandit also suffered conviction under Section 147, IPC and were sentenced to suffer rigorous imprisonment for two years. However, all the sentences were directed to run concurrently.

(3.) NOW adverting to the evidences placed on record, one would find Jai Karan Singh (P.W.9), who was maker of fardbeyan, reiterating his early version which he rendered before the police about unruly mob of 30 -40 persons having surrounded Devendra Prasad Singh, when he alongwith Ragho Prasad Singh was irrigating the field with pumping set which was installed in the field. He would state before the Court that while appellants Chandra Roshan Pandit, Mauleshwar Pandit and Prakash Poddar took recourse to firing causing gun shot injuries to Devendra Prasad Singh, appellant Maheshwar Sao (since dead) dealt spade blow, after Devendra Prasad Singh dropped to the ground. When Ragho Prasad Singh, getting frightened, ran to the village towards south, the unruly mob chased him when Ram Bilash Prasad and Devendra Poddar took recourse of firing causing gun shot injuries to him and Ragho Prasad Singh too sustaining gun shot injuries, dropped to the ground. As for appellants Yogi Paswan and Krishna Mohan Gupta, the witness would state that they dealt spade blows on him while appellants Makkhan Pandit and Barho also assaulted him with lathi. He stated to have ran towards the village and narrated about the gruesome murder of Devendra and Ragho, when Siya Ram Singh, Sundar Singh. Ram Balak Singh, Tapeshwar Singh, and Mahesh Sharma came alongwith him and noticed dead bodies of father and son. The witness would state that bad blood was persisting between the parties since long and in the year 1978, the Police had intercepted Chandra Roshan Pandit in pursuance of which, refles, pistols and bombs were recovered from his house and in that case, Devendra Prasad Singh was a prosecution witness. The witness would also state about old enmity persisting between the parties and these evidence were obviously brought on the record to suggest the motive behind the alleged incident.