BECHAN PRAJAPAT @ BECHAN KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order of conviction dated 31.7.1987 passed by 3rd Additional Sessions Judge, Gaya in Sessions Trial No. 58 of 1982/41 of 1980 whereby the appellant Kesar Mistry has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for two years. Appellants Bechan Prajapat @ Bechan Kumhar and Balgovind Prajapat @ Balgovind Kumhar have been convicted for the offence under Section 307 of the Indian Penal Code and have been sentenced to undergo imprisonment for ten years. Appellant Bechan Prajapat has further been convicted for the offence under Section 27 of the Arm Act and has been sentenced to undergo rigorous imprisonment for two years.

(2.) The prosecution case is that the informant, Chandresh Singh, gave his fardbeyan on 6.11.1978 at 11.15 a.m. at the police station that Ganauri Singh informed that Bechan Prajapat, Kardhani Prajapat, Balgovind Prajapat and Kesar Mistry were cutting his paddy crops. On the said information he along with Arjun Singh, Inder Singh, Anandi Singh and others went to the paddy field and saw that Bechan Prajapat and Kesar Mistry armed with country made gun, Kardhani Prajapat, Balgovind Prajapat and Punit Mistry armed with garasa and others armed with lathi were standing there and the labourers were harvesting his paddy. He and others protested on which Kardhani Prajapat gave order to assault. Thereafter, Bechan Prajapat fired causing injury to Arjun Singh. Balgovind assaulted Arjun Singh with garasa due to which he fell down. Kesar Mistry fired which hit Inder Singh due to which he fell down and thereafter the other persons assaulted him due to which he died at the spot. Accused persons also assaulted Anandi Singh. On alarm raised, people came and took Arjun Singh to hospital. The accused-persons thereafter ran away. The land in question was purchased by informant, Arjun Singh, Nageshwar Singh and Ganauri Singh and they jointly planted paddy crops in the disputed land.

(3.) On the aforesaid fardbeyan a formal first information report was drawn and investigation was taken up. On completion of the investigation charge-sheet was submitted against seven persons. The Court on receipt of the charge-sheet took cognizance and committed the case to the Court of Sessions for trial. One of the accused-persons, namely, Kardhani Prajapat died after submission of the charge-sheet and before the trial was taken up and as such only six persons were put on trial The Court, however, acquitted Kishori Mistry, Balchand Prajapat and Punit Mistry of all the charges levelled against them and convicted the appellants, as indicated above.