PADARATH DHANUK Vs. UPENDRA DHANUK

JUDGEMENT

(1.) Both the appeals have been preferred against the Judgment and Order dated 21st August, 2000 passed by the then learned Additional Sessions Judge-TV, Munger in Sessions Trial No. 131/96, so they were heard together and are being disposed of by this common Judgment.

(2.) The trial Court held the two appellants, Upendra Dhanuk and Sagar Dhanuk guilty under Section 302 of the Tndian Penal Code and all the above-named five appellants under Sections 302/34 of the Tndian Penal Code. But the trial Court erroneously convicted all the five appellants under Section 302 of the TPC and sentenced them to undergo RT for life. The appellants, Upendra Dhanuk and Sagar Dhanuk, were further convicted under Section 27 of the Arms Act and sentenced to RT for two years. The trial Court again committed an error of law by not directing the manner in which the awarded sentences were to run against the appellants.

(3.) Briefly, the facts of the case are that on 29.10.1995 at 16 hours, the informant, Padarath Ram, PW 10, along with his mother and deceased brother, Tndradeo Ram, had gone to the village pond to offer Arg on the occasion of the Chhath festival. Many villagers had also been there for offering Arg. After half an hour the accused, Gajadhar Dhanuk, asked the accused-appellants, Upendra Dhanuk and Sagar Dhanuk, to finish Tndradeo Ram. On his order the accused-appellants, Padarath Dhanuk and oh Dhanuk caught hold of Tndradeo Ram and the accused-appellant Upendra Dhanuk and Sagar Dhanuk, fired one each shot from their pistols at him. Tndradeo Ram sustained injuries on the left side of his chest and right arm. In the mean time the accusedappellant, Gullo Guleshwar Dhanuk, rushed there with sword and asked the accused, Upendra Dhanuk to hit him again as he was still alive. But in the mean time the police party from the camp at school arrived there and the accused persons made good escape from there. The informant later on learnt that the accused-appellant, Gullo Dhanuk, was arrested by the police party arrived there. Indradeo Ram, succumbed to his injuries at the spot. The informant alleged that the accused persons committed the murder of his brother, Indradeo Ram, because of quarrel between the people of Dhanuk and Dhandhi castes in the year 1993. This incident was witnessed by the witnesses, Darogi Ram, PW 2, Sita Ram, PW 3, Upendra Ram and many others. The fardbeyan was read over to the informant by his cousin brother Rajdeo Ram and he put his LTI thereon.