JAKIR PASWAN Vs. STATE

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 30 -11 -2000 passed by 1st Additional Sessions Judge, Araria in Sessions Trial No. 264/95 whereby the appellant Jhunnu Paswan has been convicted for the offence u/s. 302 Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for life. He has further been convicted for the offence u/s. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for seven years. The rest of the appellants have been convicted for the offence under sec. 302/149 Indian Penal Code, 1860. and sentenced to undergo rigorous imprisonment for life. All the appellants have further been convicted for the offence under Secs. 147 and 148 Indian Penal Code, 1860 and sentened to undergo rigorous imprisonment for one year and two years respectively. They have further been convicted for the offence u/s. 436 Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.3,000.00 each and in default to undergo three months simple imprisonment. They have further been convicted for the offence u/s. 364 Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000.00 each and in default of payment of fine to undergo simple imprisonment for three months.

(2.) BALESHWAR Pasawan, injured is informant in this case. He gave his fardbeyan on 28 -6 -1994 at 12.30 PM before the Sub -Inspector of Police of Narpatganj Police Station that last night i.e. 27 -6 -1994 after taking meal he was sleeping in his house. On hearing some sound he woke up and apprehended that some miscreants had come. He came out from the house and tried to run away towards west but he was caught. He raised alarm on which Deo Narayan Paswan, Jhunu Paswan, Raghunandan Paswan, Anmol Paswan, Manua Paswan, Vikas Paswan, Ganga Yadav and Jakir Paswan came. They assaulted him with the butt of the gun and dragged him. In the meantime Jhunnu Paswan fired from his country made pistol causing injury on the right side of his chest, Ganga Yadav fired from his country made pistol causing injury on the left side of his chest and he fell down and became unconscious. When he regained consciousness he found that his house had been set on fire and also learnt that his younger brother Shatrughan Paswan had been kidnapped by them.

(3.) THE defence of the appellants was that they were innocent and were falsely implicated in the case. The informant was a veteran criminal and he was killed out of previous enmity and they had been falsely dragged in the case.