PARASHURAM BHUIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above appeals have been taken up together as they have arisen out of one judgment dated 29.07.1991 delivered by learned 4th Additional Sessions Judge, Aurangabad in Sessions Trial No. 93 of 1983/32 of 1987 whereby the appellants of both the appeals were found guilty under Sections 302/149 and 448 of the Indian Penal Code. Appellants of Cr.Appeal (DB) No. 317 of 1991) namely, Jagdish Prajapati and Rameshwar Bhuiyan were further found guilty under Sections 148 of the Indian Penal Code and appellants of Cr.Appeal (DB) No. 314 of 1991 namely, Parashuram Bhuiyan, Balkuwar Mahto, Baul alias Narad Nonia and Satyendra Pandey alias Loha Singh, were further found guilty under Section 147 of the Indian Penal Code. On 03.08.1991 for conviction under Section 302/149 of the Indian Penal Code, all the six accused/appellants were sentenced to undergo imprisonment for life whereas no separate sentence was passed for conviction under Sections 448, 147 and 148 of the Indian Penal Code. By the said judgment, one accused Arjun Kahar was acquitted.

(2.) FOR the occurrence in the midnight of 18/19th February,1983 in the house of Marchhi Devi (P.W.1), her fardbeyan (Ext.5) was recorded by ASI Sheoji Singh at village Parta Tola Chamar Bigha, P.S.Kutumba, District Aurangabad which was the P.O. village which is the basis of prosecution case. The fardbeyan recorded on 19.02.1983 at 9.00 A.M. divulged the occurrence. The informant Marchhi Devi was sleeping along with her husband Sita Ram Ravidas in a room. At about midnight, the door plank was fallen down which disturbed their sleeping. The informant's husband went near the door and he noticed 4 to 5 persons present there. They dragged the informant's husband out of the door and one person pressed his mouth. When they started dragging her husband, she tried to raise alarm but she was forced to keep mum. When her husband was being taken away by the accused persons, she after lighting Dibiya followed up to darwaza where she found 8 to 10 persons. Out of them, one person was having balua in his hand whereas others were having torches in their hands. Two persons were catching hold of the informant's husband, one person was catching his head and another was catching legs and one person who was carrying balua used that weapon for cutting his neck. That person also hurled balua on the informant which caused injury on her right arm. Thereafter the accused persons escaped towards southern side of the village. The informant raised hulla, then the co-villagers came and saw the occurrence. At that time, her husband was writhing because his half neck was found cut. He was being carried to hospital but in the way he succumbed to his injury. The attesting witnesses of the fardbyan are Mithilesh Pandey (P.W.10) and Karamdeo Ram (P.W.3). The fardbeyan resulted into FIR being Kutumba P.S.Case No. 0022 of 1983 under Sections 147,148,448 and 302 of the Indian Penal Code against unknown. The investigation commenced. During investigation, statements of the witnesses were recorded, post mortem report (Ext.8) was obtained and injury report of the informant (Ext.7) was prepared. Both doctor and the Investigating Officer have not been examined as they are dead. The case diary has been marked as Ext.9. After completion of investigation, chargesheet was submitted against the appellants and one Arjun Kahar. Cognizance was taken and after completing all paraphernalia the case was committed to the court of Sessions where charges were framed and explained to all the accused persons. All the accused persons pleaded innocence, so the trial proceeded.

(3.) BEFORE the trial court, the prosecution examined altogether 15 witnesses. They are : P.W.1 Marchhi Devi who is widow of the deceased and the informant of the case, P.W 2 Ram Pravesh Ram, P.W.3 Karamdeo Paswan, P.W.4 Nagdeo Ram, P.W.5 Rajdeo Ram, P.W.6 Shyam Deo Ram, P.W.,7 Awadh Bihari Ram, P.W.8 Suresh Ram, P.W.9 Haribansh Pandey, P.W.10 Mithileshwar Pandey, P.W.11 Gauri Shankar Lal, P.W.12 Jai Govind Singh, P.W.13 Syed Aftab Ahmad, P.W.14 Devendra Kumar Singh and P.W.15 Binod Kumar Singh.