ISHWAR DAYAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS usual, on most trivial and petty issue, Raju, in his endeavour for rescue of his grandfather, lost his life due to receipt of the injuries sustained by him, as the factual matrix are that at about 8.30 a.m. on 23rd June, 1974, while Rangila Ram (nowdead) was going to drop ashes kept in a basket in the field, he was intercepted by Dhorha Chamar, when he happened to pass through his way. It was alleged that after Rangila Ram registered his protest, other appellants including Supan Chamar, Janki Chamar, Mithu Chamar, Seth Chamar, Chathu Chamar, Ishwar Dayal Chamar, Mohar Chamar and Hari Chamar happened to come there holding lathis and chhura when assault commenced on Rangila Ram by them, who eventually dropped to the ground. It was alleged that when Bidul Kumar and Raju (deceased), came for his rescue, Seth Chamar dealt blows with knife on Bidul Kumar, and others too dealt blows with lathis on his person. Accusation attributed to Dhorha Chamar and Janki Chamar was about dealing lathi blows on his head, pursuant to which he became unconscious bearing serious injuries on his person. He was removed to Dinara hospital, where he was examined by a doctor and as his condition was quite critical, he was carried to Patna Medical College Hospital, where after three days of the treatment, he succumbed to the injuries sustained by him, and with these accusations, statement of Rangila Ram was recorded by the Police Officer, when Police came into action, recorded statement of witnesses, inspected the place of occurrence, got the injuries on the person of Bidul Kumar examined by the doctor, prepared the inquest report, sent the dead-body to mortuary for post-mortem examination and on receipt of autopsy report and also on conclusion of the investigation, laid charge-sheet before the Court.

(2.) CHARGES were framed against all the nine appellants under Section 302/149 of the Indian Penal Code (IPC) for acting in pursuance of common object of the unlawful assembly to commit murder of Raju and having suffered conviction on that count, they were sentenced to suffer rigorous imprisonment for life. Dhora Chamar and Janki Chamar stood charged under Section 302 IPC and they were sentenced to suffer rigorous imprisonment for life. Dhorha Chamar, Janki Chamar, Hari Chamar, Mohar Chamar, Chhotu Chamar, Mithu Chamar, Ishwar Dayal and Supan Chamar stood charged also under Sections 325/34 IPC and were sentenced to suffer rigorous imprisonment for a term of three years for voluntarily causing grievous injury to Rangila Chamar, in furtherance of their common intention. Seth Chamar, the other appellant stood charged under Section 324, IPC and was sentenced to suffer rigorous imprisonment for a term of three years for voluntarily causing hurt to Bidul Kumar.

(3.) NOW, adverting to the evidence placed on the record, we find Rupa Devi (P.W. 1) stating before the Court that she was informed by wife of Naga about assault on Rangila Ram and Raju when the latter became unconscious. She would State that when she met her husband, she was informed about the assault. She, however, would not state about disclosure of the name of the assailant of her husband. P.W. 2 Rupkalia Devi was tendered and as such there was nothing material in her evidence to merit consideration. Hashim Mian (P.W. 3) though did not disclose the name of the assailant, would state about unconsciousness of Rangila Ram who had dropped to the ground. He did not claim to have noticed the injuries either on Rangila or Bidul Kumar. Since this witness has turned volte face to the State, his attention was drawn to his earlier version which he rendered before the Police to impeach his credibility, by the State. Other witness examined by the State was Bakridan (P.W. 5) who stated that on hearing alarm, when he rushed to the house of Rangila Ram, he noticed him having dropped to the ground bearing injuries on his person. This witness too was hostile to the State and his attention was drawn to impeach his credibility. Nandji (P.W. 6) was returning after responding to the nature's call and alarm, he stated to have rushed to the field of Rangila when he noticed Mithu and others quarrelling for matter of throwing ashes in the field. He stated to have noticed Raju having dropped to the ground. Dora Mistry (P.W. 7) too was coming after responding to the nature's call and on alarms, he went to the orchard of Rangila Ram when he noticed a quarrel between Rangila Ram and also some Harijans. This witness would, however, make altogether a different statement before the Court about the assailant of Raju, as he would state that it were Rikhi and Ishwar Dayal who dealt blows on Raju who dropped to the ground. The witness would further state to have noticed Bidul bearing injuries on his person. He would state that Rangila had bleeding injuries on his head though he did not claim to have noticed assailants of either Rangila or Bidul. Md. Rauf Sah (P.W. 11) was another witness put in the witness box on behalf of the State who stated about seizure of basket and baniyan and preparation of the seizure memo by the Police Officer to which he too was a signatory. Ramadhar Singh (P.W. 12) was a Police Officer attached to Pirbahore police station, Patna, and he stated to have prepared inquest report of dead-body of Raju in Rajendm Surgical Ward of Patna Medical College Hospital and as has been stated earlier, he also stated to have recorded statement of Naini Devi {P.W. 10). The last witness Baleshwar Prasad (P.W. 13) was an Advocate's clerk who brought on the record death certificate (Exhibit 6), First Information Report (Exhibit 7) and Paragraph 22 of the Police case diary (Exhibit 8).