JAGMOHAN DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals are directed against the judgment dated 18th July, 1991 passed by 2nd Additional Sessions Judge, Rohtas at Sasaram In Sessions Trial No. 547 of 1985 whereby the learned Additional Sessions Judge has convicted all the accused-appellants for the offences under Sections 148 and 302, I, P, C. and 27 of the Arms Act and has sentenced them to undergo rigorous imprisonment for two years, rigorous imprisonment for five years and rigorous imprisonment for one year respectively for the offence under the aforesaid sections, Accused- appellant Ram Swamp Dushad and Jag Mohan Dusadb of Criminal Appeal No. 311 of 1991 have been further convicted for the charge under Section 302, I. P. C. and all the seven accused-appellants of Criminal Appeal No. 312/91 have been farther convicted for the charge under Section 302/149, I.P.C. and have been sentenced to undergo life imprisonment. The sentences have been ordered by the learned Additional Sessions Judge to run concurrently.

(2.) The prosecution case, as it appears from the fardbeyan (Ext. 2) of the informant, is that on 9-12-1984 at about 4.30 P. M. while informant Rajeshwar Singh (P. W. 10), his brothers Anandi Singh (P. W. 11), Umesh Singh and maternal brother Surendra Singh (P. W. 9) were preparlag the paddy crop in their Khalihan at village Mishripur and Surendra Singh (deceased) son of Kailash Singh was (sic) nearby Khalihan and Shanker Sah and some other persons were cutting Pawta (straw) in the neighbouring Khalihan of Halkhori Singh, accused (1) Jagmohan Dusadh, (2) Ram Swarup Dusadh, (3) Umesh Dusadh, alias Tikar Dusadh, (4) Naresh Dasadh, (5)Dasrath Dusadh, (6)Jagat Dusadh, (7)Lalan Dusadh @ Sitaram (8) Shri Bhajan Dusadh (9) Radha Dusadh along with two to four unknown persons suddenly came their in the Khaliyan of the informant from village side The moment the accused and their companions arrived there, accused Jagmohan Dusadh and Ram Swarup Dusadh who were armed with country made single and double barrel guns respectively, fired their guns on Surendra Singh (decased) son of Kailash Singh as a result of which Surendra Singh fell down there. Thereafter the accused persons went running to the Khalihan of the Informant Rajeshwar Singh (P.W. 10). Accused Umesh Dushad, Jagmohan Dushad and Radhe Dushad began to fire from their country made guns aiming on informant Rajeshwar Singh and others as a result of which informant Rajeshwar Singh and Surender Singh son of Megha Singh were injured. Accused Jagat Dushad inflicted lathi blow on the head of the informant which caused bleeding injury and in that injured condition informant Rajeshwar Singh and Surendra Singh went running to the side of Puwal (straw), Thereafter the accused persons went to the Khalihan of Halkhori Singh and fired their guns as a result of which Shankar Sab, the ploughman of Halkhori Singh was injured. The accused persons thereafter went back to the village firing their guns. The villagers thereafter, took the injured persons to Sasaram Hospital by tractor Since Surendra Singh (deceased) son of Kailash Singh and Surendra Singh (P.W. 9) son of Megha Singh were badly injured, they, with the permission of the doctor of Sasaram Hospital, were taken to Banaras (Varanasi) for treatment but Surendra Singh son of Kailash Singh died.

(3.) As regard motive for the occurance in question it has been stated in the fardbeyan of the informant that there has been litigation between the informant and accused Jagmohan Dusadh with regard to the land and hence this occurance.