AWADESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants in these two appeals have challenged the judgment of conviction and order of sentence dtd. 29/7/1993 and 31/7/1993 respectively passed by the learned 9thAdditional Sessions Judge, Patna in Sessions Trial No. 60 of 1991 arising out of Khusrupur P.S. 22 of 1990 whereby and whereunder Shankar Paswan and Satyendra Paswan (Appellants in Criminal Appeal (DB) No. 416 of 1993) have been convicted and sentenced to undergo rigorous imprisonment for life under Sec. 302 of the Indian Penal Code and rigorous imprisonment for seven years for the offence punishable under Sec. 27 of the Arms Act and Awdhesh Paswan, Ganesh Paswan, Lalse Paswan, Dinesh Paswan, Suresh Paswan, Kailash Paswan and Devendra Paswan (Appellants in Criminal Appeal (DB) No. 358 of 1993) have been convicted and sentenced to undergo rigorous imprisonment for life under Sec. 302/149 of the Indian Penal Code and Devendra Paswan has been further convicted and sentenced to undergo rigorous imprisonment for seven years under Sec. 27 of the Arms Act.

(2.) The prosecution case is based on the fardbeyan of Kauleshwar Paswan recorded by R.S. Dubey, Officer In-Charge at Khusrupur Police Station on 11/3/1990 at 06:45 PM.

(3.) It has been stated by the informant that his cousin brother, namely, Balram Paswan had gone out to the field towards South from his house on 11/3/1990 at about 05:00 p.m. to attend the call of nature. While returning when he came near the khalihan of Prabhu Yadav, one Shankar Paswan took gun from Kailash Paswan, loaded cartridges from his possession and fired on Balarm Paswan from a short distance causing injury in his abdomen. When Balram Paswan wanted to flee away, Satyendra Paswan armed with gun, Nageshwar Paswan armed with bhala, Devendra Paswan armed with gun, Kailash Paswan armed with bhala, Ganesh Paswan armed with garasa, Suresh Paswan armed with gun, Dinesh Paswan armed with garasa, Awdhesh Paswan armed with garasa and Lalse Paswan armed with garasa came there and surrounded him from all the sides. On the exhortation given by Lalse Paswan that Balram was still alive and he should be killed, Satyendra Paswan being armed with gun fired from a short distance hitting Balram Paswan in his thigh and belly as a result of which he was badly injured and fell down.