CHANDRA BHUSHAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR. Appeal No. 350 of 1989(D. B.) filed by Chandra Bhushan Paswan and CR. Appeal No. 399 of 1989(D.B.) filed by Anirudh @ Anant Paswan arise out of judgment of conviction and order of sentence dated 17.7.1989 passed by the 3rd Additional Sessions Judge, Saharsa in Sessions Trial No. 133 of 1987 by which both the appellants have been held guilty under Section 307/34 I.P.C. and sentenced to undergo rigorous imprisonment for life, as such both these appeals have been heard together and are being disposed of by this common judgment.

(2.) THE prosecution case, in brief, is that Siyabati Devi (P.W. 5), the daughter of Mahabir Paswan (informant/P.W. 6) was married to the appellant Chandra Bhushan Paswan 12 years ago. One son and three daughters were born to her out of said wedlock. Two months ago the appellant Chandra Bhushan came to the house of the informant (P.W. 6) along with his wife and children and asked him to allow them to live there. He would make arrangement to the house of Anirudh Paswan (appellant) and would go there. All of them lived with the informant. Later on, the appellant Chandra Bhushan Paswan made separate arrangement of his mess. Two days earlier there was quarrel between the appellant and his wife. THE informant and the appellant Chandra Bhushan assaulted his wife which was protested by the informant and his son Ram Chandra Paswan (injured). Due to that reason, Chandra Bhushan Paswan threatened the informant and his son, as a result of which in the night of 13.8.1986 at 1 a.m. the informant and his son Ramchandra (deceased) were sleeping in his Dalan and both of them awoke after hearing the noise. THE torch light was flashed and in the light of torch flashed by the accused the informant identified his son-in-law Chandra Bhushan his elder brother Anirudh @ Anant and his nephew Shyam Sundar Paswan (acquitted). Chandra Bhushan and Anirudh (appellants) had torch in their left hand and a bottle of colour liquid in their right hand and the accused Shayam Sundar Paswan was also having torch. At the instance of Anirudh @ Anant Chandra Bhushan Paswan poured liquid (acid) on the head of Ramchandra Paswan with intention to kill him. Ramchandra was also thrashed and acid was also poured in his eyes. THE informant went to his rescue, Anirudh poured acid on the person of the informant which caused injury on his face, hands, thigh, head, back and abdomen. On raising alarm Kaleshwar Paswan, Laxman Paswan, Dukhi Paswan ( none of them examined), Basudeo Paswan (P.W. 3) and others came there and witnessed the occurrence. After seeing them all the accused moved towards eastern side. Both the injured were taken to Kishanpur Hospital, Saharsa where fard beyan of Mahabir Paswan (P.W. 6) was recorded on 13.8.1986 at 2.30 a.m.

(3.) P. Ws. 1 and 2 are the seizure witnesses and both of them have been declared hostile. P. W. 1 has denied his signature on the seizure-list. P. W. 2 has only admitted his signature (Ext. 1) on the seizure list.