SANJAI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the four appellants were charged under Section 302 read with Section 34 of the Indian Penal Code. The appellant Om Prakash Paswan has been further charged under Section 302 of the Indian Penal Code and 27 of the Arms Act. The learned 1st Additional Sessions Judge, Munger by judgment dated 27.11.1996 convicted them for the offence they were charged with and after hearing them on the point of sentence by his order dated 28.11.1996 sentenced appellant Sanjay Paswan, Ramjee Paswan and Binay Paswan to undergo R.I. for life under Section 302/34 of the Indian Penal Code. The appellant Om Prakash Paswan has been sentenced to undergo R.I. for life under Section 302 of the Indian Penal Code. He has further been sentenced to undergo R.I. for five years under Section 27 of the Arms Act. In his case, no separate sentence has been passed under Section 302/34 of the Indian Penal Code. Both the sentences in the case of appellant Om Prakash Paswan have been ordered to run concurrently.

(2.) The prosecution case in short as per fardbeyan of Sunil Paswan recorded on 24.12.1994 at 5.15 p.m is that his nephew Jagarnath Paswan was working as a labourer in the house of Suresh Sinha. The appellants armed with firearm came there at about 4.15 p.m. on 24.12.1994. Om Prakash Paswan is alleged to have fired from his pistol causing injury in the waist of Jagarnath Paswan. Jagarnath Paswan fell down. The informant together with Kapildeo Paswan and Bhutto Paswan ran towards the place of occurrence. The accused persons fled away towards south. The victim Jagarnath Paswan was found in a precarious condition. He disclosed that Om Parakash Paswan had caused gun shot injury upon him and Ramjee Paswan, Sanjay Paswan and Binay Paswan were accompanying him. The informant together with Bhutto Paswan and Kapildeo Paswan carried the victim to hospital on a rickshaw, but on way, even before reaching the hospital Jagarnath Paswan succumbed to the injury. The informant claims that incident of occurrence was witnessed by other persons also. The said fardbeyan was recorded by Sub-Inspector of Police, B. N. Singh in Sadar Hospital, Munger at 5.15 p.m. on 24.12.1994. On the basis of fardbeyan a formal First Information Report was drawn on the same day at about 8.15 p.m. The case was investigated and on conclusion of investigation, charge sheet was submitted. The appellants were sent up for trial. The learned Magistrate took cognizance of the offence. After supplying the police papers in terms of Section 207 of the Criminal Procedure Code, the case was committed to the court of sessions. All the four accused persons were charged for having committed offence punishable under Section 302/34 of the Indian Penal Code. The accused Om Prakash Paswan had been further charged for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The accused persons did not plead guilty and claimed to be tried.

(3.) The prosecution in order to prove its case has examined in all 11 witnesses. Out of them P.W.-1, Kapildeo Paswan, P.W.-2, Bhutto Paswan, P.W.-3 Suresh Kumar Sinha and P.W.11, Sukhdeo Mistry have been declared hostile by the prosecution. P.W.-5 Mahendra Prasad Mandal has been tendered for cross-examiantion. P.W.-9 Brajnandan Singh is the investigating officer of the case. P.W.-10 Sri V.K. Mishra is the Judicial Officer, who had recorded statement of Kapildeo Paswan (PW.-1), Bhutto Paswan (P.W.-2), Sunil Paswan (P.W.-4) under Section 164 of the Code of Criminal Procedure. P.W.-7 is Dr. P.M. Sahay, who held post mortem examination on the dead body of Jagarnath Paswan. P.W.-4 Sunil Paswan is the informant. P.W.-6 Meena Devi is wife of the deceased Jagarnath Paswan and P.W.-8 Amin Paswan is a co-labourer, who was working at the relevant time in the house of Suresh Sinha along with the deceased.