BAIJNATH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Above named Appellants have preferred this appeal against the judgment of conviction and order of sentence dated 3.4.1989 passed in Sessions Trial No. 3 of 1989/51 of 1986 by the learned 5th Additional Sessions Judge, Gaya whereby all the Appellants above named have been convicted under Sections 302/34 of the Indian Penal Code and were sentenced to undergo imprisonment for life. Further all the Appellants have been convicted under Section 380 Indian Penal Code, 1860 and were sentenced to undergo rigorous imprisonment for two years. Further Appellant No. 1 Baijnath Chaudhary was convicted under Sections 148 and 324 Indian Penal Code, 1860 and was sentenced to undergo rigorous imprisonment for one year on each counts. It was ordered that all the sentences shall run concurrently.

(2.) The prosecution case has resulted on the basis of fard-beyan of PW 4 Anar Devi which was given before the Officer Incharge of Fathepur Police Station on 2.1.1985 at 8.30 PM alleging therein that on the same date at about 2.30 PM her son Bhola Chaudhary (deceased) was sitting at a place where some implements for running a flour mill was being kept. The process of construction of the wall was being carried on, at that very time the villagers Baijnath Pasi, Saryu Chaudhary, Rajendra Chaudhary, Ram Ratan Chaudhary, Sobran Chaudhary arrived. Baijnath Chaudhary was having Khanti whereas others were having lathi. Informant's daughter Munni Kumari (PW 5) and Samful Kumari (PW 1) were crying. After they brutally assaulted Bhola Chaudhary and the informant, the accused persons also assaulted others and entered into the house and taken away some utensils, tape recorder, loudspeaker etc. The injured including Bhola Chaudhary were taken for treatment and the fard-beyan was recorded which led to registration of Fathepur P.S. Case No. 2 of 1985 under Sections 147, 148, 448, 323, 324, 380 of the Indian Penal Code. Subsequently, Bhola Chaudhary died and Section 302 Indian Penal Code, 1860 was added on 4.1.1985. The place of occurrence is village Maiyari under the jurisdiction of Fatheypur Police Station. After registration of the formal FIR (Ext. 2) inquest report (Ext.3), injury reports (Exts. 2 to 2/3 and 3 to 3/3) and post mortem examination report (Ext. 1) were received and after taking statements of the witnesses chargesheet was submitted. Accordingly, cognizance was taken and the case was committed to the Court of Sessions where charges under Sections 380, 302/34 of the Indian Penal Code were explained against all the five accused persons who are Appellants here. Charge under Sections 324 and 148 was explained to Baijnath Pasi and charge under Sections 323 and 147 was explained against Sobran Chaudhary, Saryu Chaudhary, Rajendra Chaudhary and Ram Ratan Chaudhary. The accused persons pleaded innocence and so the trial proceeded.

(3.) The defence of the accused persons was that Bhola Chaudhary (deceased) was a notorious criminal of the locality. He has visited jail in connection with a murder case also. In fact he was recidivist and in a bomb blast he lost his three fingers and after death story was fabricated that due to assault by the accused persons three fingers of Bhola Chaudhary were severed and he died.