DAYA SAH AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants along with three others, namely, Chhathu Raut, Daroga Das and Jagarnath Das were charged together under Sections 147, 307, 149 of the IPC by the learned Sessions Judge, Motihari for being tried in Sessions Trial No.248 of 1993. The three appellants were distinctly charged under Sections 148 and 307 IPC as also under Section 27 of the Arms Act and by judgment dated 20.02.1998, the appellants were held guilty of committing offences under Sections 148 and 307 IPC as also under Section 27 of the Arms Act and each of the appellants was directed to suffer rigorous imprisonment for one year under Section 148, for seven years under Section 307 IPC and for three years under Section 27 of the Arms Act. It was directed that the sentences were to run concurrently. The appellants have appealed against the above judgment of conviction.

(2.) The prosecution story is contained in the fardbeyan, Ext-2 of P.W.5 Dadan Baitha in which he stated that on 14.08.1992 he had gone for doing deweeding in the field of one Shyam Bihari Tiwari(not examined), at about 8 A.M. the three appellants along with accused Chhathu Raut, Daroga Das and Jagarnath Das came there armed with lathi and country made guns and started abusing the informant and others. It is stated that the appellant Daya Sah wanted to know as to why they had come into their field and is further said to have ordered to kill the informant and others. It is specifically alleged that on the above orders appellants, Kashi Sah fired a shot which hit the informant (P.W.5) on his waist and right arm, whereas appellant Daya Sah fired another shot which caused injury to Rajdeo Tiwary. It was stated that other accused persons assaulted Deep Tiwary, Ajay Tiwary and Laxman Tiwary(all not examined) and thus caused injury to them. It is stated that on hullah villagers rushed to the place of occurrence, as a result of which the accused persons ran away from there. The injured persons were, thereafter, loaded on a tractor-trailer and brought to Raxaul for being admitted to Duncan hospital where they were treated for their injuries.

(3.) On the basis of Ext-2, the FIR of the case was registered and the investigation was undertaken by P.W.7, S.I Tarkeshwar Singh who on that day was posted as Assistant Sub-Inspector of Police in Ramgarhwa police station. He deposed that he recorded the fardbeyan and sent the same to the officer-in-charge of the police station, on the basis of which the FIR of the case was drawn up. Thereafter, he obtained the injury reports of injured and after inspecting the place of occurrence and recording the statements of witnesses sent up the appellants and other accused persons for their trial.