BABU LAL KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by judgment and order dated 23.11.1987 by Turd Additional Sessions Judge, Nawada in Sessions Trial No. 33 of 1987/428 of 1984 convicting and sentencing all the three appellants to undergo rigorous imprisonment for life under Sections 302/34, Indian Penal Code, the appellants have come before this Court in this appeal.

(2.) The case of prosecution in short, is that informant Ramchandra Pun (PW 6) used to work in the farm of one Balbhadra Prasad Singh and local persons, in order to grab his land, were agitating against him and had stopped local labourers from working in this farm and they had also asked the informant not to work there but the informant did not listen to them and for this reason, two months prior to 13.12.1979, Krishna Lal, Babulal Rajwar, Dharik Yadav and 40 to 50 others, after catching hold of informant, took him to another village, namely, Sikaria and gave him threatening to assault but they released him on the news of arrival of Magistrate and police. Again on 9.11.1979, Prasadi Yadav, Lakhan Paswan and 30 to 40 others cut the paddy crop from the field of informant. Inspite of these happenings, the informant continued to work in the farm of Balbhadra Prasad Singh. On the night intervening 12.12.1979 and 13.12.1979, the informant was in the farm of Balbhadra Prasad Singh when on 13.12.1979 at about 9 a.m., Bisheshwar Pun (not examined), brother of informant, informed him that his (informants) wife Sumitra Devi, aged about 32 years then, had been killed on the previous night while she was asleep by some unknown criminals by pressing her neck. On this information, the informant, alongwith his brother, came to his house from the farm and found the dead body of his wife placed on a cot and on perusal of her body, it appeared that she was murdered by pressing her neck. Finding his wife dead and his children crying, the informant could not go to the police station to lodge the information and he sent the information to police station through Dafadar. Fardbayan (Exhibit 5) of informant was recorded by Sub Inspector Raghuvansh Narain Singh (PW 10) on 13.12.1979 at 12.45 p.m. at the residence of informant. In his fardbeyan (Exhibit 5), the informant raised suspicion against persons who were stopping him from working in the farm of Balbhadra Prasad Singh and who were indulged two months prior to recording his fardbeyan (Exhibit 5) in stray incidents. On the basis of fardbeyan (Exhibit 5) of informant, formal first information report (Exhibit 6) under Section 302, Indian Penal Code was drawn against unknown. After investigation, police submitted charge-sheet against the appellants and Kailash Pun under Sections 302/34. Indian Penal Code. After taking cognizance, the case was committed to the Court of Session where charge under Sections 302/34, Indian Penal Code was framed against all the three appellants and Kailash Pun and they all were put on trial. On the conclusion of trial, co accused Kailash Pun was held not guilty and was acquitted but so far appellants are concerned, they were found guilty under Sections 302/34, Indian Penal Code and were convicted and sentenced to undergo rigorous imprisonment for life. The case of appellants, as it appears from the trend of cross-examination of prosecution witnesses, is complete denial of charge framed against them and their false implication.

(3.) Altogether ten witnesses have been examined in this case on behalf of prosecution. Zohra Khatoon (PW 2) and Ram Tirath Singh (PW 3) have not supported the case of prosecution and they have been declared hostile. Anuj Kumar Singh Manoj Singh (PW 7) is a tendered witness. Ram Prasad Singh (PW 8) is the doctor who had held autopsy on the dead body of deceased. Abhay Shankar Prasad (PW 9) is a judicial Magistrate who recorded the confessional statement of Rajendra Pun (PW 1). Ram Chandra Pun (PW 6) is the informant. Shiv Balak Pun (PW 4) is brother of Rajendra Pun (PW 1) to whom PW 1 had disclosed that he (PW 1), appellants and co-accused Kailash Pun had committed the murder of deceased. Madhusudan Singh (PW 5) had seen the appellants and co-accused Kailash Pun at a place near fire with two to four bottles of liquor. Raghuvansh Narain Singh (PW 10) is the Investigating Officer.