PARSURAM PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS aforesaid, except Rajesh Kumar Yadav, stand convicted in Sessions Case No. 739 of 1990 under a judgment dated 24.4.1995 recorded by 6th Additional Sessions Judge, Bhagalpur, whereas appellant Rajesh Kumar Yadav, who was an accused in the same Sessions trial, was convicted by a separate judgment dated 3.5.1995. Appellant Parsuram Paswan was convicted under sections 396 and 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life for both the offences. Appellant Rajesh Kumar Yadav was convicted under section 396 of the Indian Penal Code and he also was sentenced to undergo rigorous imprisonment for life. The other appellants have been convicted under section 396 of the Indian Penal Cods and sentenced to undergo rigorous imprisonment for 10 years, each. Here it may be mentioned that the appellant Rajesh Kumar Yadav and Tuntun Choudhary (vide Cr. Appeal No. 297 of 1995) had filed appeal from jail out of whom appellant Tuntun Choudhary also filed a separate appeal through counsel in Cr. Appeal No. 328 of 1995.

(2.) THE case of the prosecution, in brief and as coming out of the F.I.R. (Ext.1) which was recorded under statement of the informant, Dr. Balmiki Singh, is that on 13.1.1989 at about 7.30 P.M. while in a room in his house he was watching television, the family members being inside the house except his son Priyadarshi Ashok, who had gone to nearby field, suddenly three persons having concealed their faces, two out of whom having pistol in their hands, entered into the room and demanded goods and keys. Informant identified one of the accused persons by voice, statute and eyes, to be appellant Parsuram Paswan. In the meantime his daughter -in -law cried from another room and when he went there he saw two persons, one having country made pistol, threatening her. His daughter -in -law gave them ornaments which she had on her. In the meantime two unknown persons entered into the room who had their faces open who took some goods. At that time dacoits also had entered into the room of his daughter and there also they demanded goods. His relative Rajiv asked daughter -in -law of the informant to give them the keys at which dacoits asked Rajiv to open the Almirah. When Rajiv was unable to open the Almirah, one dacoit threatened to kill him at which the informant rushed towards him and caught his hand that was holding pistol and pushed him to the back side of the verandah. Thereafter informant 's daughter, Rani Purnashri, raised hulla. In the inner courtyard some dacoits were standing out of them the informant identified appellant Rajesh Yadav who was armed with pistol. At the 'hulla ' of Rani Purnashri this Rajesh Yadav ordered to kill her at which appellant Parsuram Paswan fired from his pistol which hit Rani Purnashri whereafter the dacoits, who were standing outside, started exploding bombs. A dacoit, identified by the informant as Deepak Yadav, hit on the back of informant with barrel of his pistol which loosened his grip over the dacoit who extricated himself from his clutches but his pistol remained in the hands of the informant. Thereafter, the dacoits fled away and the family members found Rani Purnashri to be dead. By that time his son Priyadarshi Ashok also came from the field. The dacoits also had injured members of the family, namely, Aruni, Rajiv Kumar Mishra and Madanshri Harsh. The informant had given the description of different dacoits whom he did not identify by name.

(3.) FIRST of all I will take up the appeals preferred by Parsuram Paswan and Rajesh Yadav who have been sentenced to imprisonment for life, as noted earlier.