HAJARI PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of same judgment whereby the trial Court has convicted appellants, Hajari Pasi and Salim Nadaf for offence under Section 302/34 of the IPC and sentenced to life imprisonment.

(2.) THE prosecution case according to fard beyan of Ashok Jha (PW 8) recorded at Darbhanga Medical College Hospital on 18.2.1987 at 10.45 a.m. alleges that on 17.2.1987 at about 11.00 a.m. one Bhulla Pasi son of Hajari Pasi resident of village Mangarthu PS.Kamtoul, district Darbhanga came to meet deceased Sushil Jha at his house and informed him that he had selected a she buffalo for purchase by Sushil Jha. The deceased Sushil Jha took Rs. 5000/ - from his home and proceeded with Bhulla Pasi. The informant also accompanied the deceased on his request. At about 12.30 p.m. all the three reached near house of Bhulla Pasi where two persons were taking toddy in a hut and on their request Sushil Jha also joined them in taking toddy. The informant claims to have sat at a distance of 20 -25 yards and allegedly after 10 minutes two persons caught the informant and thereafter Hajari Pasi father of Bhulla Pasi and elder brother of Bhulla Pasi came with Tarchhebi Hasua (a sickle type instrument used for extracting toddy) they entered into the hut and alongwith Bhulla and two others who where present from before they began to assault Sushil, a cousin brother of the informant. The informant quickly ran away straight to his home and he informed his family members including his uncle Ram Chandra Jha PW -6, Maheshwar Jha (father of the deceased, PW -7. They alongwith some villagers proceeded for village Magarthu. In the way on the east of Tektarghat under a tree they found Sushil Jha in injured condition. They lifted him on a cot and brought him to Darbhanga Medical College Hospital where he died during treatment at about 2.30 a.m.

(3.) THE prosecution in order to prove the charges under Section 302/34 of the IPC has examined altogether 12 witnesses. PW -1, Chalitar Sah has his house situated close to the place of occurrence. He has claimed that the deceased in injured condition fell near his house at about 5.00 p.m. in the evening and disclosed" that he had been assaulted by Bhullar Pasi. This witness identified appellant, Salim Nadaf as Bhullar. He has further disclosed that he sent one Parmeshwar Sah to inform father of Sushil Jha and he alongwith some others carried Sushil Jha on a cot to Tektarghat where father of Sushil Jha arrived. He has also stated in cross -examination that he had learnt from mother of Hajari Pasi that revolver of Sushil Jha had fallen down which was picked up by servant of Hajari Pasi who gave it to Basudev Sah who in turn gave it to Jeewachh Jha who produced the same before the Sub Inspector of Police. PW -2, Basudeo Sah, has been tendered. PW -3, Ramdeo Sah, has claimed that he has a shop near the place of occurrence and on hearing hulla at about 4.00 p.m. on the date of occurrence he went to toddy shop. He saw that Sushil Jha (deceased) fired at Bhullar and Bhullar started assaulting Sushil Jha with Tarchhebi Hasua. Both sustained injuries and fell down. He identified appellant, Salim Nadaf as Bhullar. This witness on cross -examination has further stated that due to firing of revolver by Sushil Jha, Bhullar received firearm injury on chest and thereafter Bhullar started assaulting Sushil Jha.