RAM PYARE KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal (D.B.) No.676 of 2006 filed by the appellant Ram Pyare Kahar, Cr. Appeal (D.B.) No.705 of 2006 filed by the appellant Shambhu Kahar, Cr. Appeal (D.B.) No.798 of 2006 filed by the appellants Ganesh Tanto, Umesh Tanto and Budhu Ram, Cr. Appeal (D.B.) No.827 of 2006 filed by the appellant Brija Paswan and Cr. Appeal (D.B.) No.1058 of 2006 filed by the appellant Satya Narayan Ram are directed against the judgment of conviction and order of sentence dated 28.06.2006 and 3.07.2006 respectively passed by the learned Additional Sessions Judge, F.T.C.I, Rohtas at Sasaram in Sessions Trial No.412 of 2002 by which the appellants have been convicted and sentenced to undergo imprisonment for life under Section 302/149 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and the appellants Shambhu Kahar and Brija Paswan have been directed to pay a fine of Rs.10,000.00 and in default of payment of fine, they would undergo simple imprisonment for a period of three years and both of them have been further sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. Both the sentences have been directed to run concurrently.

(2.) CR . Appeal (D.B.) No.1030 of 2010 has been filed by the appellant Manoj Sah against the judgment of conviction and order of sentence dated 20.07.2010 and 21.07.2010 respectively passed by the learned 3rd Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No.412A/2002, Trial No.11/2010 by which he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302/149 of the I.P.C. and a fine of Rs.10,000.00 and in default of fine, to undergo simple imprisonment for a period of three years and he has been further convicted and sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 27 of the Arms Act and both the sentences have been directed to run concurrently.

(3.) AS per the fardbeyan (Ext.3) of the informant Sunil Kumar Singh (P.W.3), the prosecution case, in brief, is that on 15.01.2002 at about 8.00 A.M. the informant was gossiping at his house with his father Ram Naresh Singh (deceased). In the meantime, the appellants Satya Narayan Ram and Budhu Ram came to his house and requested his father to mediate the dispute between both of them. The deceased was not ready to go with them, but on their repeated requests, the deceased went with them. After some time, he also followed his father. It has been further alleged that as soon as his father reached near Dram (small rice mill) of Baijnath Singh, Umesh Tanto, Ram Pyare Kahar, Gorakh Kahar, Mantu Tanto and Manoj Sah caught hold of his father and Shambhu Kahar shot fire at his father. His father raised alarm. In the meantime, Brija Paswan also shot fire at his father, as a result of which, his father fell down. Manoj Sah also shot fire at him. The informant also raised alarm. The miscreants also shot fire at him. The co-villagers and the members of his family rushed there and followed the appellants who making firing escaped towards eastern side of the village. The informant and others followed them and saw that 8-10 unknown miscreants were also armed with firearms near the canal. They also fired at the co-villagers. As such, the informant and others could not follow them. All the miscreants escaped and entered into the village Karma. The informant, members of his family and co-villagers went to the place of occurrence and saw that Ram Naresh Singh was lying dead. He had injuries on his person and blood was oozing. It has been further alleged that Satya Narayan Ram and Budhu Ram making conspiracy took out his father from his house and with the help of other miscreants got shot him dead. The fardbeyan was recorded by S.I. Srikant Ram, Officer-in-charge (not examined) of Nokha Police Station on 25.01.2002 at about 12.45 P.M. near the Dram (small rice mill of Baijnath Yadav) at village- Pipra and was witnessed by Sri Bhagwan Singh (P.W.1 and brother of the informant). On the basis of the fardbeyan, Nokha P.S. Case No.13 of 2002 was registered under Sections 302, 120B/34 of the I.P.C. and 27 of the Arms Act. S.I. Motilal Pandit was entrusted to investigate the case by the Officer I/c of Nokha Police Station on 25.10.2002. After investigation, charge-sheet was submitted against all the accused. The charges were framed against the accused to which they denied and claimed to be tried. The defence of the accused appellants is that they are innocent and have been falsely implicated in this case. The trial proceeded against them and they have been convicted and sentenced, as aforesaid.