STATE Vs. CHUNNA RAJAK

JUDGEMENT

(1.) THIRTY eight persons belonging to a village faction and constituting unlawful assembly were put on trial before the 7th Additional Sessions Judge, Bhagalpur, under Section 302 read with 149 of the Indian Penal Code and other sections thereof for murdering 55 persons of other faction with lathi, Bhala, Garasa and other weapons. The trial judge found 15 persons guilty and sentenced them rigorous imprisonment for life. 22 persons identified by one witness only were acquitted. All sixteen appeals have been preferred against common judgment dated 5.2.2001, passed by the 7th Additional District & Sessions Judge, Bhagalpur in Sessions Trial No. 342 of 1991 (R) convicting the appellants under sections 302/149 and 201 of the Indian Penal Code and awarding sentence to undergo rigorous imprisonment for life.

(2.) GOVERNMENT Appeal No. 5 of 2001 has been preferred by the State against same judgment by which 15 respondents have been acquitted. All 15 appeals and Govt. Appeal No. 5 of 2001 heard and are being disposed of by this common judgment.

(3.) ON the basis of the said fardbeyan of Chaukidar Babulal Paswan (P.W. 14) Sabaur P.S. Case No. 180 of 1989 was registered on 28.10.1989 under Sections 147, 148, 149, 323, 324, 448, 302, 201 and 295 of the Indian Penal Code against unknown. The case was being investigated by S.I. Kailash Chaudhary, the Officer -in -charge of Sabaur P.S. in the meantime a writ application being Cr.W.J.C. No. 315 of 1989 was filed before the High Court by the council for Protection of Public Right and Welfare in respect of carnage of village Chanderi in the district of Bhagalpur in October, 1989. In this criminal writ application a direction was issued for protection of a victim of such carnage namely Malika Begum. She was produced before the court and on the basis of direction issued in criminal writ her statement regarding the said carnage was recorded on 15.12.1989 by Joint Registrar (Judicial), High Court, Patna.