PARVESH RAM RAJWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR.Appeal No. 200 (DB) of 1989 filed on behalf of appellants Parvesh Ram Rajwar, Bengali Rajwar, Subhas Yadav, Baban Yadav, Singhashan Yadav and Basistha Yadav and CR.Appeal No. 242 (DB) of 1989 filed on behalf of appellant Keshwar Yadav have been heard together and are being disposed of by this common judgment because they have arisen out of one judgment dated 22.04.1989 passed by 6th Additional Sessions Judge, Sasaram in Sessions Trial No. 152 of 1988 whereby he has held all the appellants guilty under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.

(2.) FARDBEYAN (Ext.3) of Lal Bahadur Yadav (P.W.9) given on 23.06.1987 at 10.00 A.M. is the basis of the prosecution case. He in his fardbeyan has stated that he was a Khalasi of one of the trucks bearing Registration No. BRJ 1171 belonging to Proprietor of Stone Crusher Sri Lalji Babu. The informants father Ram Bilas Yadav (deceased) was also an employee of the said proprietor of Stone Crusher Sri Lalji Babu and was working as Night Guard. After the duty of the informants father was over, he used to return to his village Gijwahi. In the preceding night, the informant reached at Tarachandi and stayed at night with his father Ram Bilas Yadav (deceased). At about 5.30 A.M., on the date of occurrence i.e. 23.06.1987, the informant was going to his village Gijwahi along with his father Ram Bilas Yadav and when he reached near the temple of Tarachnadi, he sat down for urinating. The informants father proceeded to some distance. At that very time, when the informant got up after finishing natural urge, then he saw Keshwar Yadav armed with garasa and others namely, Bashistha Yadav, Singhasan Yadav and Baban Yadav armed with lathis came out from behind Tarachandi temple and encircled Ram Bilas Yadav. Meanwhile, Subhas Yadav, Bengali Rajwar and Parvesh Ram Rajwar came out from behind Mahavir temple and they also surrounded the informants father Ram Bilas Yadav. At that very time, Keshwar Yadav gave a garasa blow upon the head of Ram Bilas Yadav who fell down and thereafter others assaulted him indiscriminately with lathis. Seeing this, the informant returned to the office of Lalji Babu by raising hulla and told about the occurrence. Some labourers along with informant came running at the place of occurrence and saw the accused persons retreating. The informants father was lying unconscious. He was having several injuries upon his person. The informant went to his village Gijwahi and returned with Kanhaiya Yadav (P.W.1), Niarmal Singh Yadav (P.W.4), Lalan Singh Yadav (P.W.5)and Harihar Singh Yadav (P.W.2). Injured Ram Bilas Yadav was put on a cot and taken to Sasaram Hospital but in course of treatment, he died. The occurrence took place on account of old enmity and pending litigation. The fardbeyan of the informant resulted in formal F.I.R. relating to Sasaram (Muffasil) P.S.Case No. 331 of 1987 for offences under Sections 147,148,149 and 302 of the Indian Penal Code and S.I. Md.Qasim (not examined) took up the investigation. After completion of investigation, chargesheet was submitted, cognizance was taken and the case was committed to the court of sessions where charges against all the seven accused persons were framed under Section 302/34 of the Indian Penal Code. All the accused persons pleaded innocence and claimed that they have been implicated on account of false allegation. Their further defence was that the victim himself was accused in many criminal cases and he was killed on account of his criminal activity and thereafter the appellants were implicated. Their further defence was that the story as propounded by the informant was false on account of a number of inconsistencies; such as, when the victim was injured and truck drivers were available, there was no occasion for the informant to rush to his village to call the villagers to bring his injured father on cot to the Hospital and as it is said that the informants father was treated at Sasaram Hospital but no injury report or any paper of Sasaram Hospital has been brought on the record.

(3.) P.W.1 has stated in his evidence that on 23.06.1987 at 5.30 A.M. he was informed about the occurrence and thereafter he went there. Later on inquest report was prepared in his presence. This witness is a witness of inquest report. Therefore, his evidence is of no help to the prosecution in any way. Similarly, P.Ws.3,5, 6 and 8 are hearsay witnesses and P.Ws. 2,4 and 7 have been tendered by the prosecution. So their evidences are of no help to the prosecution because neither they have seen any part of the occurrence nor they have described any role of any of the accused person. The most important and sole witness of the case is the informant who has been examined by the prosecution as P.W.9. He in his evidence has stated that on 23.6.1987 at 5.30 P.M. he along with his father was going to his house from the Crusher Machine of Lalji Singh where his father was an employee. This witness further stated that he was also working on the truck of Lalji Babu as Khalasi. When they reached near Tarachandi temple, Keshwar Yadav, Bashistha Yadav, Singhasan Yadav and Banan Yadav came out from behind the temple and they encircled the informants father. Thereafter, Subhas Yadav, Parvesh Ram Rajwar and Bangali Rajwar came out from behind the Mahavir temple. They also encircled the informants father and thereafter Keshwar Yadav gave a garasa blow on the head of the informants father Ram Bilas Yadav who fell down and thereafter rest accused persons assaulted him with lathis. Seeing the occurrence, the informant escaped behind raising alarm and went to office of Lalji Babu. The people assembled there and thereafter the accused persons escaped. Thereafter the informant went to his village and returned along with Kanhaiya Singh, Ramchandra Yadav, Harihar Yadav, Nirmal Yadav and Lalan Yadav who are P.Ws. 1,3,2,4 and 5 respectively. They saw the informants father lying in injured condition and thereafter he was brought to Sasaram Hospital on a cot where he was treated but after some time he died. This witness has stated that due to previous enmity his father has been killed by the accused persons. The fardbeyan of this witness was taken in Hospital on which this case originated.