MAHESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present appeal, the judgment of conviction dtd. 28/4/2018 and the order of sentence dtd. 5/5/2018 passed in Sessions Trial No. 73 of 2005 arising out of Harnaut (Telmar) P.S. Case No. 180 of 2003 by the learned Presiding Officer, Fast Track Court No.1, Nalanda, Biharsharif is under challenge.

(2.) By the impugned judgment, learned Trial Court has convicted the appellant Mahesh Paswan under Sec. 302 read with 149 of the Indian Penal Code and Sec. 27 of the Arms Act. By the impugned order, the appellant has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000.00 and in default of payment of fine to undergo rigorous imprisonment for two years under Sec. 302 of the Indian Penal Code and rigorous imprisonment for three years and to pay fine of Rs.1,000.00 and in default of payment of fine to undergo rigorous imprisonment for two months under Sec. 27 of the Arms Act.

(3.) The case of the prosecution is based on the oral statement of Mithilesh Kumar (P.W.5) recorded by one Chandra Deep Singh, Sub-Inspector of Police on 20/10/2003 at the door of his house at 04:15 PM. In his oral statement, Mithilesh Kumar stated that on 20/10/2003 at about 01:00 PM while he and his brother were busy in getting a water hand-pump fixed in the courtyard of his house by a hand-pump mechanic and his father was entering the house with a bucket full of water, the accused persons, namely, Hare Kishun Paswan, Ram Babu Paswan, Ram Raj Paswan, Mahesh Paswan, Paras Paswan, Shiv Paswan, Loknath Paswan, Hare Ram Paswan, Sudhir Paswan, Parmanand Paswan, Ram Jatan Paswan, Arbind Paswan, Lalendar Paswan, Sucharam Paswan, Mangal Paswan along with 8-10 unknown miscreants being variously armed and forming an unlawful assembly arrived there and exploded a bomb to create fear as a result of which they were terrified. Thereafter, Paras Paswan exhorted upon which Hare Kishun Paswan opened fire causing injury to his father in his thigh. When his father rushed inside the house, the accused persons also entered inside the house and killed him. In the meantime, when his mother Garbhi Devi went to his rescue, they shot her fatally. He further stated that a boy, namely, Sonu @ Ravi Shankar Kumar son of Ranjeet Singh and Karu Kumar son of Ram Narain Singh also sustained gun shot injuries in the firing made by the accused persons. The injured persons were taken to hospital. The motive for the occurrence was alleged to be an old enmity existing between the parties.