BHARAT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises from Sessions Trial No. 107 of 1985 in which these appellants were tried for the murder of one Sfc. Hafazat. The Sessions Judge, West Champaran who tried the case held appellants guilty Under Section 302/149 Indian Penal Code and under Section 201 Indian Penal Code. Appellant No. 1 Bharat Prasad and appellant No. 3 were individually charged under Section 302 Indian Penal Code but they were acquitted of the said charge and instead convicted Under Section 307/149 Indian Penal Code. The sentences passed are Rigorous Imprisonment for life under Section 302/149 and two years Rule 1 under Section 201 Indian Penal Code. As many as six appellants were also charged under Section 27 of the Indian Arms Act. There is contusion in the judgment as the learned Sessions Judge has convicted as well as acquitted the appellants who have been charged under Section 27 Arms Act. In the main judgmeht the learned Sessions Judge has held "So far Section 27 as the allegation under Section 27 Arms Act is concerned it does not require any separate consideration. All the accused persons are, therefore, convicted there under". In the sentencing part he has observed "The accused persons who have been charged under Section 27 of the Arms Act arc not separately guilty of that charge and are therefore, acquitted thereunder". The learned Sessions Judge perhaps meant tbat no separate sentence are being imposed in reipect of the said charge.

(2.) According to the prosecution, the occurrence consisted of two parts. The first part of the occurrence cccuneti in the very heart of Mardazwa Bazar at about 4 p.m. on 3-5-1984. The second part of the occurrence took place in village Laxmipur where allegedly the dead body of Sfc. Hafazat was carried by the appellants, his body was disnumbered and attempted to be burnt. Both these places are within the jurisdiction of Maintained Police Station. Mardazwa Railway station is close to Mardazwa Bazar. The dead body of the deceased was located and recovered on the next day on 4-5-1984 at Tahuti which falls in the territory of Nepal

(3.) The deceased was resident of village Bhuriari a village contiguous to Mardazwa Bazar. The deceased had left his village for Mardazwa Bazar to purchase Sugar, Ghee etc. for the Chapthi cerernony of his daughters whose marriage had taken place few days earlier, He was accompanied by his brother Sk. Saif(P W, 11), Tarikh, Md. Mansoof and Shaukat Ali They reached the shop of Prem Chand Halwai in the bazar when they saw a mob consisting of 14-15 persons including the appellants coming from the west. They were armed with various weapons like double barral gun, Garasa and Lathi. Accused Bharat Prasad ordered others to Kill Hafazat. Bharat filed aiming at Hafazat who ran towards east-west but the shot missed him. Accused Jainarain then fired at Hafazat from near a hand pump. This shot hit Hafazat who fell down dead. The remaining accused immediately arrived and dragged his dead body towards the Railway line and from there carried the dead bodv to Laxmipur. The deceased and his brother Sk. Saif (informant) were active members of Congress party and the accused persons were workers of the Communist Party. According to the version of the informant the accused persons had asfced the deceased to join the Communist party but the deceased turned down the request. This was tha motive alleged for the murder. The deceased had been involved in several serious cases including a case of dacoity.