DEVENDRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appeals arise out of the judgment and order dated 9th June, 1992 of the 1st Additional Sessions Judge, Munger passed in S.T. No. 29 of 1987 whereby appellant Gokul Paswan has been convicted under Sections 304, Part II and 148 of the Indian Penal Code and respectively sentenced to undergo rigorous imprisonment for 10 years and rigorous imprisonment for 2 years. Each of the three remaining appellants, namely, Devendra Paswan, Ravindra Paswan and Rambali Paswan has been convicted under Sections 147 and 323 of the Indian Penal Code and respectively sentenced to undergo rigorous imprisonment for 1 year and rigorous imprisonment for 1 year. The sentences are, however, to run concurrently.

(2.) The fardbeyan of the case was recorded on statement of informant Ram Nandan Das (PW 5) on 20th August, 1986 at 6.30 a.m. at Barbigha Police Station. The prosecution case, as unfolded in the fardbeyan of the informant is that on 19th August, 1986 at about 12.00 noon while his (informant's) daughter Kiran Kumari was grazing shegoat it grazed Into the field of Ahmad Mian and that due to this, the appellants being variously armed came to his (informant's) house and started abusing him. Govind Paswan stated that the shegoat had grazed paddy crops in his field and he blamed the informant that he kept the cattle unfastened. The informant replied that the appellants were at liberty to capture the cattle and get it closed in a cattle pond. Appellant Gokul Paswan was carrying garasa, Anandi Paswan (since dead) had a khanti and the remaining appellants had lathi in their hands. It is alleged that appellant Gokul Paswan assaulted his (informant's) brother Gorelal (the deceased) on his head. The deceased, receiving injury on his head, fell down unconscious. Seeing the deceased falling, the informant went there but he (the informant) was assaulted by appellant Anandi Paswan (since dead) by means of khanti on his head and thereby causing bleeding injury on the head. It was further alleged that the remaining appellants had assaulted them with lathi. Witnesses, Ramashish Paswan, Naresh Paswan (PW 4), Ramdeo Paswan (PW 3) were named, in the FIR as eye-witnesses to the occurrence. The informant further alleged that while he was taking his brother (the deceased) to Barbigha Hospital for treatment, the village doctor Dr. Mukhtar Ahmad came and he assured him that he will treat his (informant's) brother (the deceased) and persuaded him not to go to Hospital and the police station and he also said that he will attempt for arriving at a compromise between the parties. The informant further stated in his FIR that on the persuasion of Dr. Mukhtar Ahmad, he kept his brother (the deceased) under his treatment and he started treating him (the deceased). But in the ensuing morning, when the condition of informant's brother (the deceased) became serious, Dr. Mukhtar Ahmad advised him (the informant) to take the deceased to Patna for treatment. Then the informant taking his injured brother (the deceased) came to the police station and lodged his fardbeyan there. After lodging of the fardbeyan, the police sent the informant and the deceased, to Government Hospital, Barbigha for treatment. The informant was treated at Government Hospital, Barbigha but the deceased due to his condition being precarious, was referred to Patna Medical College and Hospital, Patna. Hence, he was moved there (PMCH). The deceased succumbed to the injuries at PMCH. On conclusion of investigation, charge-sheet was submitted and the appellants were tried and convicted as above. One of the accused, namely, Anandi Paswan had died during the trial of the case.

(3.) As many as nine witnesses were examined by the prosecution, PW 5 Ramnandan Das is the informant who is injured also. PW 1 Fuleshwari Devi, PW 2 Chandeshwari Devi, PW 3 Rameshar Paswan and PW 4 Naresh Paswan have been examined as eye-witnesses to the occurrence. PW 6 Dr. Krishnadeo had examined the informant and the deceased when they were brought to Government Hospital, Barbigha for treatment. PW 8 Dr. Arbind Prasad had conducted the post-mortem examination on the dead body of deceased Gorelal. PW 7 Shyam Kumar Singh is the I.O. of the case. PW 9 Naresh Prasad Singh is a formal witness who has proved the writings on the inquest report marked Ext. 1.