GAFFARMIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this criminal appeal against the Judgment of conviction and sentence passed by the learned Additional Sessions Judge, 4th, Munger, on 14.12.1987 in Sessions No. 101 of 1981 under Sections 302/34 and 379 of the Indian Penal Code.

(2.) BOTH the appellants, Gaffar Mian and Taslim Mian, have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the IPC. The appellant, Gaffar Main, has further been convicted under Section 379 of the IPC but no separate sentence has been awarded to him.

(3.) THE evidence of the informant, Sohgi Devi, P.W. 4 is that at the relevant hour of occurrence while she along with her husband Ram Bhajju in her toddy shop both the accused-appellants came and consumed toddy of one rupees but refused to pay its price. Her husband asked them to pay its price whereupon they started assaulting him with 112 kilo stone weight and pressed his neck between two Pain as. She raised alarm which attracted the witnesses, Basudeo Chaudhary, P.W. 2, Jagdish Choudhary, P.W. 1 and Doman Choudhary, P.W. 3 and they saw the occurrence. At the time of departure they took away silver Hasuli of the informant from her neck. THEreafter she with the help of his son Mohan took her husband to Jamui Hospital and gave her statement before the Jamui police and she put her L.T.I, thereon. THE Officer Incharge visited the P.O. and seized blood stained earth, stone weight and two pain as. In cross examination (para 12) she has stated that at the alleged time 10/12 persons were present in her shop at para 23 her evidence is that accused persons pressed his neck in between two Pain as a result of which tongue of her husband came out of mouth. P.W. 1, Jagdish Choudhary, has stated that on the alleged date at about 2 p.m. while he along with his uncle Basudeo Choudhary, P.W. 2 was going to village Marwa from village Sonai Chatti, on hearing halla, he went to the toddy shop of Ram Bhajju Pasi. He saw that both the accused-appellants were pressing the neck of Ram Bhajju Pasi between two Painas. Gaffar Mian was assaulting him with stone weight on his chest and temple. In the mean time, Domi Choudhary, P.W. 3 also arrived there. THE accused, Gaffar snatched away silver Hasuli from the neck of the informant and both of them fled away. He came to know about the cause of occurrence from Ram Bhajju. On halla, a number of villagers assembled and the injured Ram Bhajju was removed to Jamui Hospital. In cross-examination (para-8) he has deposed that blood was oozed out from his neck, temple and chest and had fallen on the ground as well as on his doth. P.W. 2, Basudeo Choudhary, is one of the eye-witnesses and had arrived at the place of occurrence along with Jagdish Choudhary, P.W. 1. He has fully supported that prosecution version and corroborated his evidence. In cross-examination (para-11) he has stated that the licence of the Toddy shop of Ram Bhajju Pasi is in his name and not in the name of Ram Bhajju. At para-12, he has further stated that at the place where injured was lying he had seen the blood stained earth. THE evidence of P.W. 3, Doman Choudhary, indicates that at the alleged time on halla he arrived at the place of occurrence and saw the witnesses, Basudeo Choudhary, P.W. 2 and Jagdish Choudhary, P.W. 1, present there. Both the accused-appellants were pressing the neck of Ram Bhajju Pasi with lathi and assaulting him with stone weight on his chest, head etc. THEreafter, the accused-Gaffar snatched away silver Hasuli from the neck of the informant and both fled away. He came to know about the cause of occurrence from Ram Bhajju. THEreafter the son of Ram Bhajju, Mohan took him to the hospital. His further evidence is that the Officer In-charge had seized blood stained two lathis, half kilo stone weight and earth and prepared seizure list in his presence and he along with Mistri Pasi put L.T.I, on the seizure list. P.W. 5, Shivji Singh, is the I.O. of this case. His evidence is that while he was posted in the Jamui P.S. as A.S.I, on 22.5.1980, the Officer In-charge entrusted him with the investigation of this case. On 23.5.1980, he visited the P.O. He seized and prepared list of blood stained earth, one half kilo stone weight and two painas in presence of the witnesses, Doman Choudhary and Mistri Choudhary (Ext. No. 1), THE witnesses put their LT. Is. on the seizure list. He examined the informant, Sohgi Devi and the witnesses, Basudeo Pasi, Jagdish Pasi, Doman Choudhary and Mohan Choudhary and handed over charge to the Officer In-charge, B.N. Singh on 24.5.1980. He has proved the formal FIR which is in the pen of B.N. Singh (Ext. No. 2) and also the fardbeyan which is in the pen of Kameshwar Prasad, A.S.I. (Ext. No. 3). He had further stated that the charge-sheet was submitted by B.N. Singh, the Officer In-charge of this case. In cross-examination he has stated that he visited the Jamui Hospital on 23.5.1980 at 9.20 a.m. and found the injured Ram Bhajju Pasi lying unconscious so he did not interrogate him. THEreafter on the same any, i.e., 23.5.1980 at about 11 a.m. he visited the place of occurrence and recorded the further statement of the informant, Sohgi Devi. He has also proved the inquest report which was in the pen and signature of B.N. Singh (Ext. No. 4).