SATYANARAYAN PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Altogether 17 number of accused persons were sought to be prosecuted in Mohania P. S. Case No. 125 of 1991 registered under Sections 147, 148, 149, 324, 307, 302, 380 of the Indian Penal Code (IPC) and Section 27 of the Indian Arms Act, but as no charge-sheet was submitted against Shankar Pasi, his name was expunged by the Court of Commitment. As Suresh Pasi absconded during the pendency of the proceeding, he was declared absconder and evidences placed on the record do suggest that after said Suresh Pasi was apprehended, a separate proceeding bearing Sessions Trial No. 271/3 of 1996/99 was initiated against him which eventually culminated in acquittal of the accused. Of those who were sought to be put on trial, Sipahi Pasi too absconded and he too after his apprehension was put on trial in a separate proceeding bearing Sessions Trial No. 605/39 of 1992/1999 in which Sipahi Pasi suffered conviction under Section 302, I.P.C. and also Section 27 of the Indian Arms Act and while on the first count, he was sentenced to suffer rigorous imprisonment for life, no separate sentence was awarded on the second count. Sessions Trial No. 605/251 of 1992 commenced against 14 numbers of accused persons including Satyanarain Pasi, Mahendra Pasi, Ram Ashiah Pasi, Sandhar Pasi, Babulal Pasi, Bijai Pasi, Ramlal Pasi, Kanta Pasi, Shree Pasi, Dwarika Pasi, Hridyal Pasi, Rajendra Pasi, Ram Ekbal Pasi and Dular Pasi and while Babulal Pasi, Sandhar Pasi and Bijai Pasi were acquitted of the charges, rest 11, who are the appellants in the two appeals, preferred before this Court, suffered conviction under Sections 302/149 and 396, I.P.C. for which they were sentenced to suffer rigorous imprisonment for life on both the counts. Though the appellants suffered conviction also under Section 27 of the Arms Act, no separate sentence was, however, awarded to them on this count. While Cr. Appeal No. 564 of 1994 was preferred by Kanta Pasi alone, Cr. Appeal No. 89 of 2000 was preferred by Sipahi Pasi and Cr. Appeal No. 540 of 1994 has been preferred by the rest. Since Sipahi Pasi, who was tried with the other appellants jumped bail before passing the judgment, separate judgment was delivered in his case and appeal preferred by him bearing Cr. Appeal No. 89 of 2000 has also been heard along with Cr. Appeal No. 540 of 1994 and Cr. Appeal No. 564 of 1994 and all these three appeals are being disposed of by this common judgment.

(2.) In the mid-day of 20/11/1991, the family of Jageshwar Chaubey suffered three casualties in which Ramakant Chaubey, Shanti Devi and Rajmuni Devi, having suffered fatal injuries on their persons, succumbed to them and it was Jageshwar Chaubey (P.W. 3), who having rendered his statement before the Police at about 18 hours on the same day, set the criminal law in motion. In his early statement which he rendered before the Police, he would state that while he was in the field, which situates at a distance of about 200 yards from his village Barka Sagra, he noticed his brother Ramakant Chaubey (deceased) coming from southern direction, and hardly he could reach the khalihan, that he noticed sound of firing. He, while concealing himself, rushed to the khalihan and concealed himself behind the bamboo clumps and could notice that about 30/35 persons holding rifles and guns with them, chased Ramakant Chaubey firing on him. The said Ramakant Chaubey having suffered injuries by fire-arms dropped to the ground. The miscreants thereafter gained their access in his house and gunned down also Shanti Devi, wife of deceased Ramakant Chaubey, who had predeceased her. They also removed house belongings from house and shortly after they trespassed in the house of Mukhlal Chaubey, his wife Rajmuni Devi too was shot dead by them. The said Jageshwar Chaubey claims to have identified Satya Narain Pasi, Ram Eekbal Pasi, Dular Pasi, Sri Pasi, Hridyal Pasi, Dwarika Pasi, Sipahi Pasi, Rajendra Pasi alias Matru Pasi, Mahendra Pasi, of village Barka Sagra, Suresh Pasi of village Samhauta, Ramlal Pasi, Kanta Pasi, Babulal Pasi of village Parserwa and brother-in-law of Satya Narain Pasi of village Tambari Sonhan, who had been usually visiting his village. He also claimed to have identified their associates with whose name he was not conversant. Omnibus accusations were also attributed to the appellants about removal of house belongings from the houses of Shanti Devi and Rajmuni Devi, which included wearing apparels, ornaments and cash of value of Rs. 40,000.00 to 50,000/- and also about they having decamped with the booty shouting slogan of Suresh Pasi. The motive assigned behind the gruesome killing of three persons was that a month preceding the incident, there had been a quarrel of Satyanarain Pasi, Ram Dular Pasi and Rak Ekbal Pasi with Ramakant Chaubey over a land which was recorded as khatiyani land in favour of Ramakant Chaubey on which the appellants wanted to put their cattle shed. As Ramakant Chaubey had resisted their design, they had threatened him to teach a good lesson and had gone in association of Suresh Pasi who was a dreaded criminal. Jageshwar Chaubey, the maker of fardbeyan, also suspected active participation of Ramashish Pasi, who happened to be his servant. It was alleged that since the time the appellants had gone in the company of Suresh Pasi, Ramakant Chaubey, for security of his life, was residing at Sewa Niketan, Barauli. It was alleged that on the day of incident Ramashish Pasi, on the pretext of ailment of son of Ramakant Chaubey, had brought him to village Barka Sagra and it is how in the process of reaching his house, he was shot dead by the miscreants.

(3.) After the prosecution was launched at behest of Jageshwar Chaubey, investigation commenced in course of which the Police Officer recorded statement of witnesses, visited the place of occurrence, noticed blood at the place of occurrence, took steps for apprehension of the miscreants, sent the dead body to mortuary for post mortem examination and on receipt of report, eventually laid charge sheet before the Court on conclusion of investigation. In the eventual trial that commenced, the State examined altogether 11 witnesses and those examined by the prosecution include Police Officer, doctor, some formal witnesses and also family members of the deceased including Jageshwar Chaubey, who was the maker of the fardbeyan.