SUKULDEO PANJIYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Above named appellants have preferred this appeal against the judgment of conviction and order of sentence dated 12th May, 1988 passed in Sessions Trial No. 94 of 1984 by the learned 3rd Additional Sessions Judge, Muzaffarpur whereby they have been found guilty for Patna High Court CR. APP (DB) No.265 of 1988 dt.19-07-2011 2 committing offence under Sections 302/149 and 380 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life under Sections 302/149 IPC and six months under section 380 IPC with a direction that sentences would run concurrently.

(2.) The prosecution case relates to an assault made at 6.00 P.M. on 24.9.1983 in which Ram Darash Rai sustained injury. The written report (Ext. 1) of Binod Kumar Rai (PW 4) leading to registration of formal report (Ext. 5) is the basis of prosecution case. The written report addressed to the Officer Incharge, Aurai Police Station of the district Muzaffarpur alleging that informant s brother Ram Japu Rai (PW 1) was returning after grazing the she buffalo through a passage which belongs to Bihar Government. When the she buffalo was passing through the passage, Sukuldeo Panjiyar and his family members started abusing against carrying away of the she buffalo through that way. The informant s brother protested claiming the land to be of Government of Bihar and the altercation ensued. In the mean while the informant s brother Ram Japu Rai (PW 1) came running and informed to his uncle Ram Darash Rai (deceased). Ram Darash Rai asked the accused Sukuldeo Panjiyar to keep restrain but Sukuldeo Panjiyar incited others namely, Bhuneshwar Panjiyar, Sitaram Panjiyar, Yugal Panjiyar, Ram Pratap Panjiyar, Ram Kalewar Panjiyar, Ram Sunder Patna High Court CR. APP (DB) No.265 of 1988 dt.19-07-2011 3 Panjiyar, Ramdev Panjiyar, Arjun Panjiyar, Ram Narayan Panjiyar. Sukuldeo Panjiyar and Bhuneshwar Panjiyar were having Bhala and others were having lathi and they went to the house of the informant (PW 4) where Ram Darash Rai was indiscriminately assaulted by Bhala and lathi. Ram Darash Rai received injury and thereafter, accused persons taken away fire wood and utensils from the house of the informant. The occurrence was witnessed by Ram Sugandh Rai (PW 2), Upadhya Rai (not examined), Shivjee Rai (PW 3) and Shiv Chandra Rai (PW 5). The written report resulted into registration of Aurai P.S. Case No. 61 dated 24.9.1983 under Sections 147, 148, 448, 324, 323 and 380 of the Indian Penal Code. The injured was taken for treatment but he died in course of treatment and in the FIR section 302 IPC was added. The case was investigated into and finding the allegation to be true chargesheet was submitted. Accordingly, cognizance was taken and the case was committed to the court of Sessions where charges under Sections 302/149 and 380 of the Indian Penal Code were framed and explained against the accused (appellants). They pleaded their innocence so the trial proceeded.

(3.) Defence of the appellants is that the prosecution sides were the aggressors and they have assaulted which caused injury among the persons of the defence side. They have been treated by DW 3 Dr. Vijay Patna High Court CR. APP (DB) No.265 of 1988 dt.19-07-2011 4 Kumar Chaudhary on 25.9.1983 between 9 to 9.30 PM and in support of their claim they have exhibited injury reports given by DW 3. Their further defence was that the deceased Ram Daras Rai was a person of 75 years and after his death accused persons were implicated so that they could be taught a lesson. The manner of occurrence was also challenged and it was submitted that no blood was found by the Investigating Officer and he tried to cover it and tried to fabricate the story of rain but no such evidence has been brought on record.