RAJDEO PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these appeals arise out of judgment of conviction and sentence dated 20.8.1988 passed by learned 1st Additional Sessions Judge, Aurangabad in Sessions Trial No. 69 of 1983/ 102 of 1980 arising out of Goh P.S. Case No. 3(9)/79, as such they have been heard together and are being disposed of by this common judgment.

(2.) THE prosecution case, in brief, is that on 13.9.1979 at 3 p.m. the villagers of Hasampur constructed a Bandh on Bhagwatipur Canal which goes towards village Singhara, for irrigating the lands of their village. At about 4 p.m. 50/60 persons armed with spear, garasa, pistol etc. came there and asked as to why they had obstructed water of village Singhara and others. They also asked to cut the Bandh, witnesses Chauthi Yadav and others requested them to allow them to irrigate their land for one day only and refused to cut the Bandh. Thereupon, at the instance of accused Rajdeo Pandey (appellant), aforesaid persons began to assault with lathi, bhalas, garasa and country made pistols etc to the villagers of Hasampur. Accused Deonandan Singh assaulted Mahraj Yadav with bhala, Anuth Pandey and Munshi Kahar assaulted with garasa and accused Rajdeo Pandey shot him from his pistol. Accused Dwarika Yadav, Mohit Yadav and Shyamji Pandey assaulted Harikishun Lohar with garasa and Munshi Yadav assaulted him with bhala. Accused Andhi Singh and Anuth Pandey assaulted Krit Dhobi with garasa and Deonandan Singh assaulted him with bhala, as a result of the said assault Mahraj Yadav, Harikishun Lohar and Krit Dhobi succumbed to their injury on the spot. Accused Bindey Singh @ Bindeshari Singh, Jio Narain Singh, Raish @ Rahish Narain Singh shot fire from their pistols on Deo Prasad Yadav, Kail Prajapati and Bishun Yadav respectively causing them injury. Accused Chandramani Singh shot fire from his pistol on Baleshwar Yadav (P.W. 15) and Ram Ratan Yadav (P.W. 10), whereas, Rajdeo Pandey had fired from his pistol on Doman Yadav and Chandradeo Yadav causing injuries to them. Accused Kail Dusadh, Parmeshwar Kahar and Nishan Sharma also assaulted Baleshwar Yadav (P.W. 15), Madheshwar Yadav and Chauthi Yadav (P.W.11) respectively with lathi. Accused Dwarik Yadav had assaulted Chauthi Yadav (P.W. 11) with garasa, whereas, accused Munsi Yadav assaulted Jhapas Ram (P.W. 20) with bhala and Munshi Kahar assaulted Surith Yadav (P.W. 2) and Lal Babu Yadav (P.W. 7) with garasa. Accused Hirday Singh assaulted Chauthi Yadav (P.W. 11) and Deo Prasad Yadav (not examined) with bhala. Besides, the aforesaid injured persons other witnesses had also seen the occurrence.

(3.) CHANDRAMANI Singh, 5. Ayodhya Pandey, 6. Hirdai Singh, 7. Narendra Singh, 8. Subhag Singh, 9. Jai Ram @ Jai Jai Ram Singh, 10. Brijnandan Singh, 11. Brijbanshi Singh, 12. Kail Dusadh, 13. Doman Yadav, 14. Parmeshar Kahar, 15 Ramparikha Singh, 16. Nagesh Pandey, 17. Harihar Singh, 18. Upendra Singh, 19. Nishan Sharma were sentenced to undergo rigorous imprisonment for life under Section 302/149 IPC. Rajdeo Pandey, Rais @ Rahish Singh and Chandramani Singh were further sentenced to undergo imprisonment for seven years under Section 307 IPC and convicts Munshi Yadav and Munshi Kahar were further sentenced to undergo rigorous imprisonment for one year under Section 324 IPC. Each of convicts 1. Rajdeo Pandey, 2. Jiv Narain Singh, 3. Rais @ Rahish Singh, 4. Chandramani Singh, 5. Ayodhya Pandey and 6. Narendra Singh were further convicted and sentenced to undergo rigorous imprisonment for five years under Section 27 of the Arms Act. No separate sentence was passed under Sections 147 and 148 IPC against the convicts, although they were found guilty under those sections also. All the sentences were directed to run concurrently. 4. All the convicts filed appeals against their conviction and sentence, but during the pendency of the appeals Subhag Singh (appellant no. 1), Jai Ram @ Jai Jai Ram Singh (appellant no. 2), Brijnandan Singh (appellant no. 3), Rais @ Rahis Singh (appellant no. 9), Parmeshwar Kahar (appellant no. 14), Ram Parikha Singh (appellant no. 15), Harihar Singh (appellant no. 17), Nishan Sharma (appellant no. 19) of Cr. Appeal (D.B.) No. 445 of 1988, Deo Nandan Singh (appellant no. 1), Mohit Yadav (appellant no. 2), Munsi Kahar (appellant no. 6) of Cr. Appeal (DB) No. 484 of 1988, Andhi Singh (sole appellant of Cr. Appeal (DB) No. 455 of 1988), Anuth Pandey (sole appellant of Cr. Appeal (DB) No. 522 of 1988) died, as such the appeals against them stood abated vide order dated 14.12.2012 passed in Cr. Appeal (D.B.) No. 441 of 1988 and its analogous appeals.