HARI CHARAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above stated criminal appeals have arisen out of common judgment of conviction and sentence order dated 08.08.2001 passed by Sri B. N. Sahi, 3rd Additional Sessions Judge, Begusarai in Sessions Trial No. 107 of 1993/24 of 1997 by which and whereunder he convicted the appellant in criminal appeal no. 271 of 2001, namely, Hari Charan Paswan for the offence punishable under Section 304 (ii) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of rupees five thousand and in default of payment of fine, he was directed to further undergo rigorous imprisonment for six months whereas appellants in criminal appeal no. 290 of 2001, namely, Rameshwar Paswan and Kusheshwar Paswan and one co-accused, namely, Raj Kumar Paswan were convicted for the offences punishable under Sections 323/34 of the Indian Penal Code and appellants in criminal appeal no. 290 of 2001 were ordered to be released on entering bond of rupees two thousand with one surety to maintain peace for a period of one year and to be of good behaviour. Since all the above stated appellants have been convicted and sentenced by the above stated common judgment of conviction and sentence order, a common judgment is being passed in all the above stated criminal appeals.

(2.) THE brief fact, which lies to file above stated criminal appeals is that P.W.6, namely, Shambhu Paswan gave his Ferdbeyan (Exhibit-2/1) to S.I., Surajghra Police Station on 19.05.1992 at about 05:15 P.M. in injured condition at State dispensary along with his brother and father to this effect that on the same day at about 02:00 P.M. he along with his father and brother was giving foundation of his house in his land but in the meantime, Kusheshwar Paswan armed with samath, Hari Charan Paswan armed with lathi, Raj Kumar Paswan armed with barchi and Rameshwar Paswan armed with lathi came there and asked him as to why he was giving foundation whereupon he stated that he was giving foundation according to verdict of Panchayat. The aforesaid persons forbade him to give foundation there but he did not stop the work upon which the aforesaid persons assaulted him, his brother as well as his father with their weapons and appellant, Kusheshwar Paswan gave lathi blow to him as a result of which he sustained injury on his head. Appellant, Hari Charan Paswan also gave lathi blow to him as a result of which he sustained injury on his left panjra and having sustained injury he became unconscious. He further stated that Raj Kumar Paswan gave barchi blow to his father causing injury to him on his chin and furthermore, appellant, Hari Charan Paswan assaulted his brother Bhuneshwar Paswan with lathi as a result of which Bhuneshwar Paswan sustained injury on his head, hands and other parts of the body and having became unconscious, he fell down there. P.W.6, Shambhu Paswan, further, stated that Devendar Paswan (P.W.1), Kamo Paswan and several other persons witnessed the aforesaid occurrence. P.W.6 further stated that appellants and other accused wanted to grab his land and on account of the aforesaid reason, the alleged occurrence took place.

(3.) THE appellants and co-accused, Raj Kumar Paswan were put on trial and accordingly, they were charged for the offences punishable under Sections 302/34, 307/34 and 341 of the Indian Penal Code. The appellants and co-accused denied the charges and claimed to be tried.