BILASH PASWAN Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) ALL these three appeals relate to the same occurrence and arise out of a common Judgment of conviction and sentence delivered on 5th May, 1995 by Shri Braj Kishore Pandey, 3rd Addl. Sessions Judge, Nalanda in S. Tr. No. 215/32 of 1994/94. Hence, all these three appeals were heard together and are being disposed of by this common Judgment.

(2.) The appellant, Mahendra Prasad, has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The appellants, Bilash Paswan and Binod Paswan, have been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellants Mahendra Prasad and Binod Paswan have further been found guilty under section 27 of the Arms Act but have not been awarded separate sentence on this count.

(3.) THE prosecution case as appearing in the fardbeyan (Ext. 4) of the informant Deosharan Prasad, P.W. 5 is that on 20.11.93 at about 5.30 P.M. while he was going towards Siyari Khanda to ease himself, he noticed his brother -in -law (Shala) Satrudhan Prasad going alongwith the appellants Mahendra Prasad @ Barahilji, Bilash Paswan and Binod Paswan. He further noticed that the appellant Mahendra Prasad @ Barahilji fired from his pistol on the right kanpatti of Satrudhan Prasad, as a result of which he fell down on the ground. In the meantime, appellant Bilash Paswan pressed him by his hands. Thereafter the appellant Binod Paswan fired from pistol on the right kanpatti of Satrudhan Prasad. Satrudhan Prasad died on the spot and thereafter all the three appellants made good escape in the southern direction. Further prosecution case is that after this incident the informant rushed towards his village Tekabigha raising alarm whereupon a number of villagers came at the spot and saw Satrudhan Prasad lying dead there. Further case of the prosecution is that on the same day at about 4 P.W. all the three appellants had taken Satrudhan Prasad from his house and they took wine in the cabin of Chandeshwar Mahto in village Tekabigha. The motive behind the occurrence has been alleged that Late Bhattu Mahto, uncle of the deceased, was issueless and he had given some more land, house and khalihan of his share to the deceased Satrudhan Prasad. The appellant Mahendra Prasad @ Barahilji being cousin brother of the deceased Satrudhan was therefore carrying grudge against him and so he committed his murder with the help of other two appellants.