BASO PRASAD Vs. STATE

JUDGEMENT

(1.) CRIMINAL appeal Nos. 294 and 341 of 2001 have been heard together and are being disposed of by this common judgment. All the appellants, namely, Brijnandan Prasad alias Birju (in Cr. Appeal No. 341 of 2001), Baso Prasad, Sahdeo Prasad, Arjun Prasad and Mantu Prasad (in Cr. Appeal No. 294 of 2001) have been convicted under sections 302/34 of the Indian Penal Code and sentenced to undergo R.l. for life with a fine of Rs. 5000/ -each and in case of default of payment of fine, appellants have been further sentenced to undergo two years simple imprisonment. Appellants have also been convicted under section 27 of the Arms Act and sentenced to undergo R.l. for one year. However, all the sentences were directed to run concurrently.

(2.) THE prosecution case, in short, is that on 13.12.1999 in the morning at about 6.30 while the brother of the informant Sheonandan Prasad was milking the buffalo and other family members, including the wife of informant and nephew Sunil Prasad were brushing their teeth at the roof of the house, all the appellants Baso Prasad, Shahdeo Prasad, Arjun Prasad, Mantu Prasad and Brajnandan Prasad came over the roof of their house armed with rifles etc. and started brick -batting and abusing the brother of the informant Shivnandan Prasad saying that they have burnt the heap of straw. It is further stated that when Shivnandan Prasad in way to save himself went over the roof of his house, all the five appellants started firing in which one of the bullets, so fired by them, hit Shivnandan Prasad on his chest as a result of which he fell over the roof and seeing this the informant raised alarm and when he reached near his brother, he found him dead. On the basis of faro beyan, Ext -1 the formal F.I.R (Chandi P.S. Case No. 373 of 1999), Ext -3 was instituted in the police station for the offence under sections 302/34 of the I.P.C, as also under section 27 of the Arms Act. After investigation charge sheet was submitted and accordingly cognizance was taken and the case was committed to the court of sessions for trial. Ultimately, trial concluded with the result as indicated above.

(3.) THE prosecution, in support of its case, altogether examined eleven witnesses including the informant. P.W. 1 is Sunil Kumar, P.W. 2 is Kapil Prasad, P.W. 3 is Janardan Kumar, P.W. 4 is Satrughan Prasad, P.W. 5 is Chandrakanti Devi, P.W. 6 Sunil Kumar, son of Shivnandan Prasad, the deceased, P.W.7 is Krishnadeo Prasad, the informant, P.W. 8 is Mahapati Devi wife of the deceased Sheonandan Prasad, P.W. 9 is Sri Prabhat Keshaw. C.A.S., Sadar Hospital, Biharsharif who conducted the post mortem examination on the dead body of the deceased, P.W. 10 is Kumar Devendra Singh, the then Officer -in -charge of Chandi P.S. and I.O. of the case and P.W.11 is Jai Prakash, another Officer -in -charge of Chandi P.S. who also done a part of the investigation and submitted charge sheet.