MAHENDRA CHOUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment of conviction and order of sentence dated 28.02.2001 passed by learned 7th Additional Sessions Judge, Munger in Sessions Trial No. 141 of 1994/41 by which and whereunder he convicted all the above stated appellants having found guilty for the offences punishable under Sections 304 (II) read with Sections 149, 326 read with Sections 149, 148 and 448 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years for the offence punishable under Section 304 (II) read with Section 149 and 326 read with Section 149 of the Indian Penal Code each. No separate sentence was awarded for the offences punishable under Sections 148 and 448 of the Indian Penal Code. However, all the sentences were ordered to run concurrently.

(2.) IN brief, the prosecution case, is that P.W. 2, Rewati Devi gave her Ferdbeyan to officer in charge of Mehus police station on 20.04.1993 at about 09:45 A.M. at her door to this effect that she was sleeping in her house along with her daughter Jairani Devi (P.W. 4) whereas Ilachi Devi (P.W. 1) along with her daughter was sleeping in her house and her father, namely, Horil Dharhi (P.W. 3) along with one Dukhi Dharhi were sleeping in courtyard of the house of Ilachi Devi. The aforesaid Dukhi Dharhi had gone to the house of Ilachi Devi and had stayed at her house in the night. She further stated that between 19/20-04-1993 at about 1:00 A.M, she heard the sound of bomb explosion and also heard the noise coming out from the house of one Basudeo Pandit. The villagers ran towards the house of Basudeo raising alarm. The female folk of Dharhi community also woke up and assembled at one place. In the meantime, Mahendra Beldar, Amrika Chouhan, Nunulal Chauhan, Kedar Chauhan, Bisho Chauhan, Kishori Chauhan, Ram Babu Chauhan and Shiv Balak Chauhan being armed with deadly weapons encircled her house and started giving threatening to assault on the pretext that one stranger had stayed in her home. The aforesaid persons entered into the courtyard of Horil Dharhi and caught Horil Dharhi and Dukhi Dharhi and started assaulting them. Both the aforesaid persons were taken towards village by the aforesaid persons. The aforesaid Dukhi Dharhi died of assault whereas both the hands of Horil Dharhi were broken. The daughter of Horil Dharhi took him to her house in the same night.

(3.) THE Ferdbeyan of Horil Dharhi (P.W. 3) was recorded by A.S.I., Sidhan Sharma of Sheikhpura police station on 20.04.1993 at about 08:00 PM. at Sub-divisional Hospital, Sheikhpura.