KAILASH KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Kailash Khan, Nawal Kishore Khan, Basdeo Khan, Prem Sagar Khan and Tuntun Khan have been convicted in Sessions Trial No. 25 of 1986/4 of 1986 by the learned 1st Additional Sessions Judge, Gopalganj whereby the appellants have been found guilty under Section 302/34 and Section 436/34 of the Indian Penal Code and they each of have been sentenced to undergo R.I. for life under Section 302/34 of the Indian Penal Code and R.I. for seven years each under Section 436/34 of the Indian Penal Code. The sentences have been ordered to run concurrently.

(2.) ONE Jawahar Bind P.W.8, lodged a fardbeyan (Ext.1) leading to formal First Information Report (Ext.2) which resulted in Bhorey P.S. Case No. 31 of 1985 under Section 436, 302/34 of the Indian Penal Code. The fardbeyan was recorded by S.I. Nagendra Singh, Officer Incharge of Bhorey Police Station on 14.04.1985 at 9.00 P.M. at Bakharia Siwana in which P.W.8 stated that at preceding 06.30 P.M., while he was cutting wheat crop in the field of Nathuni Nonia as his labourer to the north of his Marai (Palani) he heard sound of crying of ladies on which he came and found the appellants along with 2-3 persons escaping towards south and the informant and others caught hold Nawal Kishore Khan but other appellants succeeded in escaping. It has been further alleged that wife of Ranjan Bind P.W.7 informed that her three years old daughter Dhimali who was sleeping inside the Palani has been burnt on account of Palani being set on fire. Further allegation was that wheat, clothes and other articles were also burnt. The motive of the occurrence alleged in the First Information Report was a proceeding under Section 144 of the Code of Criminal Procedure and later on a proceeding under Section 145 of the Code of Criminal Procedure which was being contested by the appellants on one side and the prosecution party on other side. The First Information Report was investigated into and after investigation the case was found to be true and charge sheet was submitted. On receipt of the charge sheet, cognizance was taken and the case being triable by the court of Sessions was committed to the court of Sessions after observing paraphernalia of the case. The accused persons appeared and charges against them under Sections 302/34 and 436/34 of the Indian Penal Code were explained. They pleaded their innocence and so the trial proceeded.

(3.) INFORMANT is P.W.8. He has stated that in the evening 6.30 P.M. he was working and was harvesting wheat along with Harihar Bind P.W.2 and Dhandesh Bind P.W.1 in the field of Nathuni. He heard cry of wives of Briksha Bind, Ramji Bind and Chandrapal Bind and thereafter, rushed and saw the Palanis burning. He saw Nawal Kishore Khan, Basudeo Khan, Premsagar Khan, Tuntun Khan and Kailash Khan escaping. Nawal Kishore Khan fell down and he was caught by the ladies. Nawal Kishore Khan was taken to the house of Ranjan. The ladies told this informant that five named accused persons have burnt the Palanis. This witness is not a witness of the occurrence and he has supported the occurrence which he came to know through the eye witnesses. Similarly is the evidence of P.Ws. 1, 2 and 7. All have stated that they have come to know through the ladies that the named accused persons have burnt the Palanis which resulted into death of a baby girl Dhimali aged three years.