NAND KUMAR GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appellants stand convicted and sentenced to rigorous imprisonment for life under Sections 302/34 of the Indian Penal Code by the Judgment and Order passed on 15-5-1998 in Sessions Trial No. 211 of 1990 by the then learned Additional Sessions Judge-VII, Siwan.

(2.) Both the appeals arise out of the common judgment and order, so they were heard together and are being disposed of by this common judgment.

(3.) On 9-2-1988, the informant, Bidya Giri, P.W.4, lodged F.I.R. alleging inter alia that his younger brother, Sheonath Giri, was doing Tailoring Works at Paharpur and used to return home daily by 7 p.m. On 9-2-1988 when he did not return to his home by 8 p.m., he (informant) along with Sirajul Manir (P.W.2), went out to search him and proceeded towards Faharpur. On the way when he reached near an orchard situated in the east of the Village-Balapur, he spotted his brother, Sheonath Giri, lying smeared in blood on the ground but he was in senses at that time. Sheonath Giri told him that at about 6.30 p.m. when he arrived near the said orchard, he noticed all the three accused, Madan Kumar Giri; Nand Kumar Giri and Ganesh Bhagat alias Bacha Bhagat, standing there. As soon as he arrived there, the accused, Madan Giri, hurled a bomb at him which hit on his stomach and he fell down injured on the ground. Thereafter, Madan Giri, again hurled two bombs at him. Thereafter, all the three accused made good escape in the southern direction. The injured Sheonath Giri further told that he was seriously injured and his intestine had come out, so he could not move and was lying tossing on the ground there. The informant further alleged that on his hulla, the villagers, Shiv Dayal Singh, Ramajee, Shivjee Singh, P.W.5, Satya Narayan Singh and many others reached there and saw his injured brother. They also learnt the names of the accused persons from Sheonath Giri. Thereafter, the injured, Sheonath Giri, was brought to Sadarpur on a cot and from there he was taken to Barharia Hospital on a Jeep. The injured, Sheonath Giri, was referred to Siwan Hospital and as soon as he was brought to Siwan Hospital he died there. The informant further alleged that the accused persons were inimical to them for the last ten years. Civil and Criminal Cases besides proceedings under Sections 145 and 107, Cr.P.C. were also pending in between the parties which were being looked after by Sheonath Giri, so because of old enmity he was murdered by the accused persons.