PARASURAM MANDAL AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (D.B.) No. 278 of 2005 has been filed by Parsuram Mandal and Cr. Appeal (D.B.) No. 335 of 2005 has been filed by Bhudeo Yadav against the judgment of conviction and order of sentence dated 30.3.2005 passed by the learned Additional Sessions Judge, F.T.C.-V. Bhagalpur in Sessions Trial No. 249 of 1997, Trial No. 408 of 2002 by which both the appellants have been convicted and sentenced to rigorous imprisonment for life under Section 302/34, IPC. The appellant Bhudeo Yadav has further been convicted and sentenced to rigorous imprisonment for three years under Section 27 of the Arms Act and both the sentences have been directed to run concurrently.

(2.) The prosecution case, in brief, is that Babar Ali (PW 2) had purchased fruits of mango orchard from Siyasharan Chaudhari situated at mouza Kishanpur and appointed the informant (PW 6), his father Lattu Mandal (deceased), his cousin brother Ram Bilas Mandal (PW 7) and Anik Mandal (PW 5) to look after the orchard. On 27.5.1995 the workers of Babar Ali (PW 2) were plucking mango, in the meantime at about 1 p.m. Bhudeo Yadav, Parsuram Mandal (both appellants), Arun Mandal and Pappu Yadav came to orchard and asked the informant and others to get paid the ransom of Rs.5000/- from their master. The watchman (informant) and others told them to ask money from the owner of orchard which infuriated the accused persons. Parsuram Mandal (appellant) made scuffling with Lattu Mandal, the father of the informant and other accused pointed out their pistol out of them Bhudeo Yadav (appellant) shot fire at Lattu Mandal which caused injury in his chest and he fell down and succumbed to the injury. After this firing all the accused went towards northern side. The occurrence was witnessed by the watchmen (informant) and thers and also by the workers. The fardbayan (Ext. 4) of the informant was recorded by the Inspector-cum-Officer- in-Charge of Nathnagar police station on 27.5.1995 at 5 p.m. at village Kishanpur.

(3.) On the basis of this fardbayan (Ext. 4) Nath Nagar P. S. Case No. 100 of 1995 was instituted under Sections 302/34, IPC and 27 of the Arms Act against the appellants and two others, namely, Arun Mandal and Pappu Yadav. After investigation charge-sheet was submitted, cognizance was taken and the case was committed to the Court of Sessions. Charges were framed for the offence punishable under Sections 302/34 and 27 of the Arms Act against Bhudeo Yadav and under Section 302/34, IPC against the appellant Parsuram Mandal to which they denied and claimed to be tried. Thereafter, the trial proceeded against both the appellants. After trial both the appellants have been convicted and sentenced as aforesaid.