RAMA SUNDAR GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, have been convicted by the Ist Additional Session Judge, East Champaran, Motihari in Sessions Trial No. 406 of 1989. The appellant No. 1 Ram Sundar Giri has been convicted under Section 302 and awarded rigorous imprisonment for life. No separate sentence has been awarded for his conviction under Section 148 of the Indian Penal Code, (hereinafter to be referred to as the IPC). Appellant 2 Ramadhar Giri, Appellant No. 3 Awadh Kishore Giri, Appellant No. 4 Hari Kishore Giri, Appellant No. 5 Saraswati Devi, appellant No. 6 Fulpati Devi and appellant No. 7 Most. Kaushalya Devi have been convicted under Section 302/149, IPC and sentenced to undergo rigorous imprisonment for life. Appellants 2 to 5 namely Ramadhar Giri, Awadh Kishore Giri, Hari Kishore Giri, and Saraswati Devi, have further been convicted under Section 147, IPC but no separate sentence has been awarded. Appellant Fulpati Devi and Most. Kaushalya Devi have further been convicted under Section 148, IPC but no separate sentence has been awarded.

(2.) It seems that the dispute arose over a petty matter like construction of drainage and resulted into the death of one Jai Chand Giri.

(3.) The prosecution story is that in the morning of 31.3.1988 at 8 a.m. the villagers namely Parmeshwar Giri, Shankar Das, Arun Giri, Binda Bharti, Tarachant Bharti came at the darwaza of Gangandeo Giri and told him that the waste water of hand pump would pass through northern gali towards western side, Gangandeo Giri accepted this proposal, but his neighbour Ram Sundar Giri did not give his consent to this proposal. Ram Sundar Giri armed with chura, Hari Kishore Giri armed with chura, Ramadhar Giri armed with bhala, Awadh Kishore Giri armed with garasa, Saraswati Devi armed with garasa, Phulpatiya Devi and Most. Kaushalya Devi, Indrasan Giri and Mahanth Giri came variously armed. Accused Hari Kishore Giri ordered to kill as they were going to drain out the waste water of the hand pump in front of his house. On his order Indrasan Giri caught hold to Jaichandra Giri and accused Ramchandra Giri gave chura blow on the chest and abdomen of Jaichandra Giri. After receiving the chura blow Jaichandra Giri fell down and Immediately died. Accused Awadh Kishore Giri gave garasa blow on the head of Sri Bhagwan Giri. Mahanth Giri caught hold of the informant and Ramundar Giri assaulted him with chura at the left side of his neck. Saraswati Devi gave a garasa blow on the left wrist of Gagandeo Giri. Several villagers assembled there and they witnessed the occurrence. The accused persons after committing the offence fled away from there. Jaichandra Giri was brought, to Dunkan Hospital Raxaul where the doctor declared him dead. The injured Gagandeo Giri and his nephew were treated at Dunkan Hospital, Raxaul where statement of Gangandeo Giri was recorded by the SI, D.P. Singh of Hariyo O.P at 10.30 a.m.