SHIV CHANDRA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The aforesaid criminal appeals have been filed in the year 1995 i.e. 27 years ago. They arise out of common judgment of conviction and order of sentence dtd. 16/8/1995. Therefore, after being heard together, they are being disposed of by a common judgment.

(2.) By the judgment of conviction and order of sentence dtd. 16/8/1995 passed by Sri Mishri Lall Choudhary, 2 nd Addl. District and Sessions Judge, Muzaffarpur in Session Trial No. 267/90 / 76/94, arising out of Katra P.S. Case No. 1/90 corresponding to G.R. No. 11/90, Tr. No. 394 of 1994, the appellants namely Shiv Chandra Tiwari, Kumod Kumar Tiwari @ Mantu (appellants in Cr. Appeal (DB) No. 255 of 1995) and Pramod Kumar Tiwari @ Munna De (appellant in Cr. Appeal No. 287 of 1995) have been convicted under Sec. 302/34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and have been sentenced to undergo rigorous imprisonment for life. The Trial Court has further convicted the appellant Pramod Kumar Tiwary @ Munna De (appellant in Cr. Appeal No. 287 of 1995) under sec. 27 of the Arms Act and under sec. 323 of I.P.C. and has directed the appellant to undergo R.I. for one year under sec. 27 of the Arms and R.I. for one month under sec. 323 of I.P.C. All the sentences awarded to the appellant Pramod Kumar Tiwari @ Munna De have been directed to run concurrently.

(3.) The prosecution case, as per the fardbeyan of informant Manish Kumar Tiwary recorded on 1/1/1990 at 07.15 p.m. is that on the same day when the informant was at his darwaza at about 06:00 p.m. in the evening, accused Manoj Kumar Tiwary, Pramod Kumar Tiwary, Kumod Kumar Tiwari, Shiv Chandra Tiwari and three unknown persons came there and accused Manoj Kumar @ Chunu Tiwari went into the angan of the informant and opened fire which was heard by the informant. It has been further stated that informant Manoj Kumar Tiwari @ Chunu came out of his house stating that Krishna Chandra Tiwari is not at home and thereupon, Shiv Chandra Tiwari asked to search and kill him. The informant further stated that he went out of the house near the Ghur whereafter all the accused persons came there and asked him regarding the whereabouts of his father on which the informant showed his ignorance and thereafter the accused persons assaulted him with fists. The informant's elder brother was also there on which accused Pramod Kumar @ Manna De fired with his gun, but the same did not hit him. Thereafter, all the accused persons went away from there. The further case of the prosecution is that on hearing the sound of firing, the informant and others reached near the house of Radhe Shyam Mishra where the informant saw his father Krishna Chandra Tiwari lying in injured condition and blood was oozing out from his eyes and also saw that Manoj Kumar Tiwari @ Chunu Tiwari, Pramod Kumar Tiwari @ Manna De and Kumod Kumar Tiwari @ Mintu were fleeing away. On hulla, many people of the village reached at the place of occurrence and the informant's father told that the accused Manoj Kumar Tiwari @ Chunu fired at him due to which he sustained injury. It is further case of the prosecution that the occurrence is witnessed by Ram Swaroop Tiwari and Vinod Jha and the reason for the occurrence is partition of land. Thereafter, the elder brother of the informant took his father to the hospital for treatment at Darbhanga Hospital.