ARJUN PASI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants, Arjun Pasi and Mangal Pasi, both sons of Aganu Pasi, have preferred this appeal against judgment and order dated 16.8.1989 passed in Sessions Trial No.55 of 1987/ 231 of 1984 whereby leaned 3rd Additional Sessions Judge, Nawadah has convicted them for the offence under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life. Another co- accused Bisu Pasi, who was tried with them has, however, been acquitted of the charge.

(2.) The occurrence in question arises out of Pakri Baraon PS Case No.10(4)77 dated 26.4.1977 instituted on the basis of fardbayan of the informant Ramadhin Yadav (PW 6) recorded at the concerned police station on 26.4.1977 at about 7 am. According to the earliest version of the occurrence, the deceased Baiju Yadav was maternal uncle of the informant and Mukhiya of village Datraul where the alleged occurrence took place. The informant used to reside with his maternal uncle for helping him in his business because Mukhiya s son was very young. On the fateful date, the informant and the deceased were alone in the house because wife of the deceased along with children had gone to attend a wedding at her parents village. At about 8 or 9 in the night when the informant and the deceased were sitting together on the roof of house of the deceased Baiju Yadav, mother of appellant no.1, Arjun Pasi came and requested the deceased to pacify his sons who were quarrelling with each other. The deceased asked her to proceed to her house and further told her that he would come after taking his dinner. After taking dinner the deceased went to house of Arjun Pasi. Since the informant was alone, he told the deceased to come early. When the deceased did not return after considerable time, around midnight the informant stood on the roof and tried to hear any sound in the vicinity. Suddenly, he heard the shouts of deceased for help and for saving him from assault. On this the informant ran to the house of Arjun Pasi which is situated closely towards south. There in the light of "Diya" he saw Arjun Pasi (appellant no.1) armed with Hasuli , Mangal Pasi (appellant no.2) armed with Pazauna and Bisu Pasi also armed with Pazauna. They were assaulting Baiju Yadav and at that very place Parva Devi, mother of Arjun Pasi, step father of Arjun Pasi, Bhattu Pasi and wife of Arjun, Basanti Devi were standing. The informant came back running and informed his other maternal uncles Sahdeo Narain Yadav (PW 5), Kishun Yadav (PW 4) and Rajendra Yadav (PW 8) son of Kishun Yadav. He requested them to save the deceased. Along with them and some other persons he again came running to the house of Arjun Pasi. There he found the village Dafadar, Md. Yakub (PW 1) and Ramdeo Dusadh (PW 2) who is son of the village Chaukidar. They had caught hold of Arjun but Mangal Pasi and Bisu Pasi had fled away. He and his three companions found Baiju Yadav dead. His body bore several injuries and blood was also flowing. Subsequently, several other villagers assembled. As per allegation in the fardbayan, Arjun Pasi, Mangal Pasi and Bisu Pasi in conspiracy with Bhattu Pasi, Parva Devi and Basanti Devi had assaulted and killed Baiju Yadav. It was also disclosed that the deceased was having some enmity with Mangal Pasi on account of dispute over sharing of crop grown over land given by the deceased to Mangal Pasi on Batai. Mangal Pasi had threatened the deceased that he would take revenge. It was also disclosed to the Police that dead body and the apprehended accused Arjun Pasi were in the village.

(3.) Although in the formal FIR (Exhibit 5) there were six accused persons but after investigation done by Kapil Kumar (PW 11), charge-sheet was submitted by another SI of police Kamaldeo Narain Azad (PW 10) only against three accused persons. After cognizance, the case was committed to the court of sessions. Since the accused persons denied the charges, they were put on trial leading to conviction of the two appellants by the judgment under appeal. It may be noticed here that charges against all the three accused were framed only under Section 302/ 34 of the IPC but conviction has been recorded against the appellants under Section 302 IPC.