RAJDEO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under section 302 of the Indian Penal Code and sentenced to life imprisonment for committing murder of Sarvesh Kumar.

(2.) Prosecution case, in brief, is that on 6/5/1983 at about 7.15 p.m. the informant, Ganesh Thakur, P.W. 7, was sitting on the chatt of his Dalan situate at village Thanabigha. His nephew, Sarvesh Kumar, the deceased, was sleeping on the Chatt and his another nephew, Satish Kumar, P.W. 6, was reading at the Darwaja of the room on the chatt. In the meantime, the appellant, Rajdeo Paswan, armed with pistol climbed upon the chatt with the help of a bamboo ladder and no sooner he had stepped on the chatt, the informant, P.W. 7, questioned him as to what was the matter Ka Hai Ho. Upon this the appellant fired his pistol aiming at the informant but the same hit Sarvesh Kumar (deceased) who died instantaneously. After that the appellant got down through the ladder and fled away. The informant, P.W. 7 and his nephew, Satish Kumar, P.W: 6 saw the appellant running away along with Ramanuj Paswan, Nothun Paswan and Jhulan Paswan armed with Pistol, lathi and garasa respectively. The informant identified them in the light of lantern burning at the chatt. On hulla raised, Binay Mistry and Dileshwar Mistry and several others arrived there. The informant, thereafter, took the dead body of his nephew to the police camp at Jaikishun Bigha and on the next morning he went to the Ghoshi police station where he lodged the fardbeyan and, thereafter, the F.I.R. (Ext. 2) was drawn up.

(3.) On the basis of the First Information Report, the investigation in this case proceeded and the police, after completion of investigation, submitted charge sheet against the appellant, Nothun Paswan, Jhulan Paswan and Ramanuj Paswan and consequently they were put on trial where this appellant was convicted under Section 302 of the Penal Code and the other accused persons were acquitted of the charges leveled against them.