RAM NIHORA KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal (DB) No. 365 of 1990 filed on behalf of Ram Nihora Kumhar, Criminal Appeal (DB) No. 366 of 1990 filed on behalf of Rambali Koeri @ Rambali Singh, Sheopujan Koeri @ Sheopujan Singh, Ram Pujan Koeri @ Rampujan Singh, Ram Dangal Koeri @ Ram Dangal Singh, Lallan Koeri @ Lallan Singh, Girdawal Koeri @ Girdawal Singh, Jogendra Koeri @ Yogendra Singh, Sudama Koeri @ Sudama Singh and Ramgovind Koeri @ Ramgovind Singh, Criminal Appeal (DB) No. 464 of 1990 filed on behalf of Ram Narayan Koeri @ Ram Narayan Singh, Dhiraj Nath Koeri @ Dhiraj Nath Singh and Rang Bahadur Koeri @ Rang Bahadur Singh and Criminal Appeal (DB) No. 465 of 1990 filed on behalf of Sheo Bachan Koeri @ Sheo Bachan Singh and Gupteshwar Koeri @ Gupteshwar Singh have been taken up together because all the four appeals have arisen out of a judgment dated 29.08.1990, delivered by the learned 3rd Additional Sessions Judge, Rohtas at Sasaram in connection with Sessions Trial No. 363/2 of 1983/1984, convicting the accused/appellants Sheo Bachan Singh (Koeri), Ram Narain Koeri, Dhiraj Nath Koeri, Rang Bahadur Koeri and Gupteshwar Koeri guilty under Sections 302, 302/149 and 450 of the Indian Penal Code and Section 27 of the Arms Act and convicting the appellants Rambali Koeri, Sheo Pujan Koeri, Ram Pujan Koeri, Ram Dangal Koeri, Lallan Koeri, Jogendra Koeri, Sudama Koeri, Ramgobind Koeri, Girdawal Koeri and Ram Nihora Kumhar guilty under Section 302/149 of the Indian Penal Code and Section 27 of the Arms Act. Charge under Section 307 of the Indian Penal Code against Rambali Koeri was found not substantiated and he was acquitted from that charge. Sentence of life imprisonment for the offence under Section 302 of the IPC, R.I. for seven years for the offence under Section 450 of the IPC and R.I. for five years for the offence under Section 27 of the Arms Act was given to Sheo Bachan Koeri, Ram Narain Koeri, Dhiraj Nath Koeri, Rang Bahadur Koeri and Gupteshwar Koeri. Other accused persons namely Rambali Koeri, Sheo Pujan Koeri, Rampujan Koeri, Ram Dangal Koeri, Lallan Koeri, Girdawal Koeri, Jogendra Koeri, Sudama Koeri, Ram Gobind Koeri and Ram Nihora Kumhar were sentenced to undergo imprisonment for life under Section 302/149 of the IPC and five years for the offence under Section 27 of the Arms Act.

(2.) AN occurrence of 11th May, 1993 is before us through these four appeals. On that date Chandradeo Singh ­ Ex Mukhiya and brother of the informant Kameshwar Singh P.W. 12 was killed for which fardbeyan (Ext. 4) of Kameshwar Singh was recorded by the S.I. Vindhyachal Singh P.W. 13 on 11.05.1993 at 09.15 p.m. at the place of occurrence, at Village ­ Narora by the side of house of Sarju Sah, wherein he has stated that he was at his Chawani along with Sheo Prasad Singh P.W.6, Ram Suresh Singh P.W.5, Sri Singh (not examined), Sheomuni Prasad P.W. 8, Saheb Sharma P.W. 3 and Ghura Ram P.W. 7. He heard sound of firing at about 3.30 p.m. in the village. The informant rushed with his gun and when he reached by the side of house of Ramdal Singh (not examined) then he saw Rambali Koeri, Sheo Pujan Koeri, Ram Pujan Koeri, Ram Dangal Koeri, Lallan Koeri, Girdawal Koeri, Jogendra Koeri and Sudama Koeri having country made guns, Ram Gobind Koeri was having one double barrel gun, all of village Narora. One Ram Nihora Kumhar of village Dandwas was present with the single barrel gun. After seeing of the informant the named accused ran upon towards him for killing and Rambali Koeri resorted to firing which caused injury on the left toe of the informant. The informant concealed himself and started retaliating the firing. In the meanwhile, Sheo Prasad Singh P.W. 6 came with gun and started firing. When the informant started firing then from the house of Sarju Sah, Sheo Bachan Koeri with rifle, Ram Narain Koeri with double barrel gun, Dhiraj Nath Koeri with single barrel gun, Ran Bahadur Koeri with single barrel gun all were of village Narora and Gupteshwar Koeri of village Siswar came with rifle and directed the informant to escape otherwise he would be done away in the manner in which Chandradeo Singh was done away. The accused persons started escaping towards east of the village. The informant continued firing and chased the accused persons. But the accused persons took their position in Goriya river and continued firing. The firing was retaliated by the informant also. The informant suspected that one of them might have received injury on account of his firing. The informant returned to village Narora and saw the dead body of his elder brother which was kept on a cot in the land situated west of the house of Sarju Sah. Land dispute was the motive which resulted in killing of Chandradeo Singh who was Karta of the family. The fardbeyan was witnessed by Lallan Singh and Rajendra Prasad Singh (both not examined). The fardbeyan was forwarded to Mohania police station for instituting the case and accordingly Mohania P.S. Case No. 65 of 1983 under Sections 148, 149, 302, 307 and 324 of the IPC and Section 27 of the Arms Act and a formal FIR (Ext. 5) was drawn up. The post mortem report (Ext. 2) of the deceased was obtained and the case was investigated into. The case was found to be true and it was committed to the court of Sessions where charge under Section 302 of the IPC was explained against Sheo Bachan Koeri, Ram Narain Koeri, Dhiraj Nath Koeri, Rang Bahadur Koeri and Gupteshwar Koeri, charge under Section 450 of the IPC was explained to Sheo Bachan Koeri, Ram Narain Koeri, Dhiraj Nath Koeri, Rang Bahadur Koeri and Gupteshwar Koeri, charge under Section 307 of the IPC was explained to Rambali Koeri and charge under Section 302/149 of the IPC and Section 27 of the Arms Act was explained against all the accused persons who pleaded innocence, so the trial proceeded.

(3.) THE defence of the accused/appellants was of false implication on account of enmity which has been mentioned in the fardbeyan itself. Their further defence was that Chandradeo Singh was a notorious land grabber and criminal of the area and he used to purchase disputed, litigated land on the strength of force. He was taking possession on several acres of land. He has earned several enemies at several places on account of forcible land occupation and he was killed somewhere else and the informant found the moment appropriate to implicate the accused persons who were not at all related with the murder of Chandradeo Singh.