PREM CHAND KOERY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by the appellants is directed against the Judgment and Order passed by the then 10th Additional Sessions Judge, Rohtas at Sasaram on 19th/22nd Aug., 2000 in Sessions Trial No. 411/86.

(2.) All the seven appellants have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to imprisonment for life. They have further been convicted under Sec. 27 of the Arms Act and sentenced to R.l. for six months. The appellant, Ram Ekbal Singh, has further been convicted and sentenced to R.l. for six months under Sec. 323 of the Indian Penal Code.

(3.) On 4.7.1985 the informant, Dasai Ram, P.W. 7, lodged F.I.R. alleging inter alia that on the same day at 6.30 A.M. he along with his deceased brother, Sudama Ram, Jagdish Ram, P.W. 3, Ram Ashish Ram, PW. 2, Gir Jodhan Ram, P.W. 4, Jokhan Ram, P.W. 1 and others were filling earth in the land of the Bihar Government under their possession for the last 5 to 6 years, in the meantime his villagers, Gangeshwar Kahar with rifle, Ram Ekbal Singh with D.B. gun, Brij Nandan Singh with rifle, Rajkeshwar Singh with country-made pistol, Prem Chand Koeri with D.B. gun, Krishna Nandan Singh with single barrel gun and Mahendra Singh with rifle came there and the accused, Rajkeshwar Singh protested and asserted that they will fill up the aforesaid land themselves. The informant did not agree and insisted to fill up the earth themselves and refused to leave the place. Then the accused-appellant Rajkeshwar Singh said that "Ye log Aise Nahin Maanenge, Maaro" whereupon the accused, Ram Ekbal Singh, assaulted Jagdish Ram with butt portion of the D.B. gun causing bleeding injury on his head. Thereafter the accused, Gangeshwar Kahar, fired from his rifle at Sudama Ram causing injury near his right eye and he fell down unconscious on the ground. There was a great commotion and hulla which attracted the villagers there. On the arrival of the villagers the accused persons made good escape from there. It is further alleged that both the injured were removed to Kargahar Hospital for treatment but Sudama Ram died in the Hospital. The witnesses, Jagdish Ram, Ram Ashish Ram, Jokhan Ram, Girjodhan Ram and many others witnessed the occurrence.