JAGARNATH GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have come to this Court against the judgment and order of conviction and sentence passed against them by which appellant Nityanand Giri has been convicted for the offence under section 302 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for life, appellants Jagarnath Giri, Surendra Giri, Dinesh Giri and Awadhesh Giri have been found guilty and convicted for the offence under section 302/34 of the Indian Penal Code and sentenced to undergo R. I. for life. Further appellant Nityanand Giri and Dinesh Giri have been convicted for the offence under Section 3/5 of the Explosive Substances Act and sentenced to undergo rigorous imprisonment for eight years. Appellants Surendra Giri and Awadhesh Giri have been convicted for the offence under section 27 Arms Act and sentenced to undergo rigorous imprisonment for five years, All the sentences have been ordered to be run concurrently.

(2.) The case of the prosecution appears to be that on 13-3-1986, there was a Bidagri (second marraige) ceremony of the sister of the informant Shambhunath Giri (PW. 6) and daughter of the deceased (Paraspati Giri Alias Sujan Giri) of village Shahpur Dumaria, P. S. Gopalpur, District Gopalganj. In that connection, guests had come on 12-3-1986 and they were staying in the bathan of the informant in village Mafi Guriaon within the jurisdiction of P. S. Kateya, district Gopalganj. In between the house of the informant and his bathan, alies river Jharahi. In the night on 12-3-1986 at about 10 P.M. the guests went to take their meal in the house of the informant across the river towards north-east direction. In the meantime, at about 10 P. M., the informant, his father Paraspati Giri (deceased), his brother-in-law Om Prakash Bharti, Ambikak Bharti, the uncle of Om Prakash Bharti, both resident of village Pakhan, P.S. Baghauch-ghat, district Deoria (U.P.), Rajesh Giri (P.W. 3) Rajdeo Parwat (P.W. 5) of village Mafit Guriaon went to the bathan to arrange for the beds of the guests. Paraspati Giri was lying on a cot and others were making arrangement of the beds. One patromax was burning within the bathan and two patromaxes were burning in the Sehan of the bathan itself. In the meantime, appellant Jagarnath Giri, Surendra Giri, Dinesh Giri, Awadhesh Giri and Nityanand Giri along with 10-12 unknown persons came to the bathan being armed with bombs and guns. On reaching bathan, on the orders of Jagarnath Giri appellant Nityanand Giri threw bomb on the head of the deceased with the result that on its explosion, the head of Paraspati Giri was blown off. Then appellant Dinesh Giri threw a bomb causing injuries on both the knees of the deceased. The informant and others kept silence on account of fear because all the criminals were armed with bombs and guns. At the time of running away from the spot, appellants, Awadhesh Giri and Surendra Giri fired from their guns. On account of the sound of explosion of bombs and guns and also on hearing the alarm raised by the informant party, the villagers and guests rushed to the spot. The victim Paraspati Giri had already died. The occurrence was seen by the persons who had gone to arrange for the beds. On account of fear of the criminals, the informant did not go to the police station to lodge the first information report. Motive for the offence is said to be that earlier than the occurrence, a case had been lodged against the appellants for attempting to kill the deceased by bombs. In the morning at about 8.45 A.M.S.I., Q. H. Khan (P.W. 11), the Investigating Officer of Kateya Police Station went to the spot and found the dead body in the bathan and then prepared inquest report. He then recorded fardbeyan at about 9 a.m. which became basis of the F.I.R. against the appellants and unknown persons, being Kateya P. S. Case No. 32(3) of 1986. The Investigating Officer sent the dead body for Post Mortem Examination, examined the witnesses and also completed the investigation but on his being transferred, the investigation was given over to P.W. 15 Nagendra Prasad Singh who submitted the charge sheet against the appellants.

(3.) All the appellants, in their defence, denied the prosecution case and alleged that they have been falsely implicated in this case on account of enmity and litigation between the parties. They have examined seven witnesses in their defence. Plea of alibi was taken by appellant Nityanand Giri. For that D.W. 1 Bindeshwari Kant Missir Advocate's clerk has been examined, D.W. 2 Shashi Shekhar Pandey, advocate has said that his marriage was performed in which appellant Nityanand Giri had also gone. So is also similar statement of Chandreshwar Prasad Sing (D.W.3) D.W.4 Jai Mangal Prasad is formal witness who has proved the informatory petition dated l-7-1983 (Ext. C) filed by the villagers against the deceased to the S.D.O. Gopalganj for various attrocities committed by him upon the villagers. D.W. 5 Ramakant Choudhary, being a formal witness, has proved the signatures (Ext. C/ 1) of the lawyer on Ext. C.D.W. 6 Radha Krishna Singh is one of the signatories of Ext. C.D.W. 7 is Raiv Ranjan Verma, the then S. P. Gopalganj who had supervised the case.