BISHWANATH AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Jai Shree Yadav (since deceased), Surendra Pandey, Lallan Pandey, Meena Ahir @ Yadav, Bishwanath Ahir @ Bishwanath Yadav and Baristar Ahir @ Yadav who have been found guilty for an offence punishable under Section 302/149 of the IPC and have been directed to undergo imprisonment for life, appellant Lallan Pandey who has been found guilty for an offence punishable under Section 27 of the Arms Act and has been directed to undergo RI for five years while appellant Balistar Ahir @ Yadav, Meena Ahir @ Yadav, Bishwanath Ahir @ Bishwanath Yadav have been found guilty for an offence punishable under Section 3 of Explosive Substances Act and have been directed to undergo imprisonment for life with a further direction to run the sentences concurrently by the learned 5th Additional Sessions Judge, Siwan vide his judgment dated 29th of June 1990 passed in Sessions Trial No. 29 of 1987/116 of 1987, have preferred instant appeal.

(2.) INITIALLY three appeals were preferred separately bearing Criminal Appeal (DB) No. 325 of 1990, Criminal Appeal (DB) No. 335 of 1990 and Criminal Appeal (DB) No. 337 of 1990, out of which sole appellant of Criminal Appeal (DB) No. 335 of 1990 died and on account thereof Criminal Appeal (DB) No. 335 of 1990 abated. With the consent of the parties, these appeals have been heard together and are being disposed of by a common judgment.

(3.) THE prosecution case in brief as per fardbeyan (Ext. 2) of Hem Narain Chaurasia (P.W. 13) recorded on 26.6.1985 at about 9.00 P.M. at Raghunathpur police station disclosing the fact that on the same day at about 8.30 P.M. his sons namely Ramjanam Chaurasia and Sheojanam Chaurasia were returning from market over bicycle. At that very time he was returning after easing himself. When both of his sons came in front of house of Jaishree Yadav, all of a sudden Jaishree Yadav armed with gun, Ramjeet Ahir armed with gun as well as bomb, Surendra Pandey armed with gun, Lallan Pandey armed with gun, Balister Ahir, Bishwanath Ahir, Meena Ahir armed with bomb as well as pistol respectively came out. Ramjeet Ahir hurled bomb over mouth of Ramjanam which exploded followed by repeated hurling by Bishwanath Ahir, Meena Ahir and Balister Ahir. Ramjanam Chaurasia fell down on the earth. Ramjeet Ahir also fired from his gun causing injury over leg of Ramjanam Chaurasia. At the other hand, Jaishree Yadav had shot at Sheojanam Chaurasia causing injury thereupon. Sheojanam rushed towards house of Indrasan Ahir to save his life however fell down in the courtyard of Indrasan Ahir. Lallan Pandey, Surendra Pandey also fired upon him. Thereafter Jaishree Yadav gave Garasi blow over Sheojanam Chaurasia. On hearing sound of explosion of bomb as well as firing, wife of informant came who assaulted Jaishree Yadav with Lota on account of which the accused persons escaped therefrom and gone towards Bathan of Lallan Pandey. It has further been disclosed that though he was not aware but for the last three days the accused persons were sitting at the house of Jaishree Yadav. Then he had submitted that long standing enmity as well as pendency of litigation was motive for commission of the occurrence. It had further been disclosed that Sheojanam Chaurasia was taken to Primary Health Centre, Raghunathpur and from there, he has been shifted to Sadar Hospital Siwan. Ramjanam Chaurasia is dead and his dead body is lying in the field of Indrasan Ahir just in front of house of Jaishree Yadav. Lallan Tiwari, Jiut Baraee, Tarkeshwar Baraee and Pancham Baraee were cited as witness.