ASHOKKUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) -Criminal Appeal No. 220 of 1990 has been preferred by accused Asbofc Kumar and Ratan Prasad and Criminal Appeal No. 227 of 1990 by Ram Pravesh Kumar alias Pravesh Kumar against their conviction under Section 302/149 and 307 of the Indian Penal Code (for short 'IPC') and Section 27 Arms Act and sentences of rigorous imprisonments for life and three years under the respective counts. Criminal Appeal No. 222 of 1990 has been preferred by Rajo Mahto against his conviction under Sections 302/149 and 307 IPC and 27 Arms Act and the sentences of rigorous imprisonments for life, ten years and five years under the respective counts. Criminal Appeal No. 241 of 1990 has been preferred by accused Ramdeo Mahtoa and Ganauri Mahton against their conviction under Section 302/149 IPC and 27 Arms Act and sentences of rigorous imprisonments for life, and three years under the respective counts. Accused Oanauri Mahton has further been convicted for the offence under Section 302/209 iPC and sentences to undergo rigorous imprisonment for life and Criminal Appeal Nos. 287 and 288 of 1990 have been preferred by accused Shailjamand Prasad and Nawal Prasad against their conviction under Section 302 IPC and 27 Arms Act and sentenced to undergo rigorous imprisonments for life and sentenced to undergo rigorous imprisonment for five years under the respective counts. As all these appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) Birendra Prasad, the informant (P. W. 2) had given a fardbtyat (Ext. 4) on 11-2-1988 at 9.45 P. M. at P. S. Rajgir to A. S. I. Ramdeo Pandey (not examined) which formed the basis of the FIR (Ext. S) registered on 12-2-1988 at 10.20 A. M. at P. S. Silao, district Nalanda. The informant has said that on 11-2-1988 at about 8.30 P. M. he and his brothers Ramadhin Prasad and Lakhan Prasad (both Killed in this case) were eating food in the dalan of his house towards east when all the eight appellants came armed with country made pistols, guns and rifles in the dalan and accused Ganauri Mahton asked them to kill all ("Sab logon ko bboon do"). On his saying so, all from their weapons, fired indiscriminately. Shailjanand Prased fired two shots at Ramadhin Prasad, Nawal Prasad fired at Ram Lakhan Prasad, Rajo Mabton fired with his country made rifle hitting at the stomach of the informant, who on getting the injuries got down beneath the chouki. Others with their firing prevented the villagers. The accused persons thinking that all were dead, went away through the gall. The appellants wen seen in the light of the lantern and so identified. Upon firing on the villagers, Bholiji, Bachuji (both not examined), Jitendra Kumar (P. W. 4) and others came running who saw the occurrence and identified the accused persons. At the time of the occurrence, Mitblesb Kumar (P. W. 3) who was studying in the eastern adjoining fcothri, saw the occurrence. On coming of the witnesses, he (informant) was taken out from beneath the Chouki. Both the brothers died on the spot where their dead bodies were lying. The accused had fired on account of land dispute.

(3.) The Investigation of the case was taken up by A. S. I, Jai Kesho Sharma (P. W. 6) who sent the fardbeyan to P. S, Silao for registration. Injury report of the informant was already prepared by A. S. 1. Ramdeo Pandey and so, the injured was sent to Rajgir hospital for treatment, but on account of serious condition of the injured, he was sent to Patna Medical College and Hospital (for short PMCH). The Investigating Officer then went to the spot on the same night at about 11.15 P. M. and inspected the place of occurrence in the light of lantern with the help of the choukidar and the wife of the deceased. He found two choukies. He prepared the inquest report and sent the dead bodies for post mortem examination. He examined the witnesses also. After completing the investigation, he submitted the charge sheet against the appellants.