LAWS(PAT)-2014-1-3

STATE OF BIHAR Vs. SIKANDAR SADA

Decided On January 03, 2014
STATE OF BIHAR Appellant
V/S
Sikandar Sada Respondents

JUDGEMENT

(1.) INSTANT death reference and the connected Cr. Appeal arise out of judgment/ order dated 8.02.2012/ 14.02.2012 passed by 1st Additional Sessions Judge, Khagaria in Sessions Case No. 15/2010, corresponding to Morkahi P.S. Case No. 55/09, G.R. No. 1380/09 whereunder all the 14 appellants have been convicted for the offence under Sections 302/149, 342, 148 of the Indian Penal Code and 27 of the Arms Act. Appellant Nos. 1 to 4 have been directed to suffer the sentence of imprisonment for life under Sections 302/149 of the Indian Penal Code with further direction to pay fine of Rs. 5,000/ - each, in default of payment of fine to further suffer rigorous imprisonment for one year. For the conviction under Section 148 of the Indian Penal Code, appellant Nos. 1 to 4 have been directed to suffer the sentence of rigorous imprisonment for two years as also to pay fine of Rs. 2,000/ - each, in default of payment of fine to further suffer rigorous imprisonment for six months. Under Section 342 I.P.C. appellant Nos. 1 to 4 have been directed to undergo simple imprisonment for one year. For conviction under Section 27 of the Arms Act, they have been directed to suffer sentence of rigorous imprisonment for three years with direction to pay fine of Rs. 1,000/ - and in default of payment of fine to suffer rigorous imprisonment for six months. Appellant nos. 5 to 14 have been directed to suffer sentence of capital punishment for conviction under Sections 302/149 of the Indian Penal Code with further direction to pay fine of Rs. 5,000/ -, in default of payment of fine they have been directed to suffer rigorous imprisonment for one year. Appellant nos. 5 to 14 for their conviction under Sections, 148, 342 of the Indian Penal Code and 27 of the Arms Act have been awarded similar sentence as that of appellant Nos. 1 to 4. The sentences awarded to appellant nos. 1 to 14, however, have been directed to run concurrently except the sentence imposed "in default of payment of fine" which they have to suffer separately.

(2.) PROSECUTION case as set out in the fardbeyan (Ext.1/1) of Paro Singh P.W.13, recorded by S.I. Mukesh Kumar P.W.17, on 2.10.2009 at 7.45 A.M. at Icharua Chawk (Crossing) is that the previous night, he along with his son Chandan Singh (deceased) was sleeping in his hut (Basa) situate in Amausi Bahiyar (in local dialect ,,Bahiyar is the word for the agricultural lands situate at a distance from the dwelling part of the village). At about 11 P.M. in the moonlight, he suddenly saw 40 -50 miscreants variously armed coming towards him holding his co -villager Dunilal Singh. From amongst the 40 -50 miscreants, 10 -15 miscreants came to the hut of the informant, the other 25 -30 miscreants went to surround the other huts of the co -villagers situate in the vicinity and forcibly brought 16 persons, namely, (1) Ranjit Kumar (2) Sanjit Kumar, both sons of Jaichand Singh (3) Chandan Singh son of Paro Singh (4) Guddu Singh son of Feko Singh, all of village Chandpura Khurd (5) Gautam Singh @ Guddu Singh son of Yogi Singh (6) Ram Singh son of Bhato Singh (7) Sunil Kumar son of Chhotelal Singh (8) Dunilal Singh son of Kamli Singh (9) Ram Sharan Singh son of Sukan Singh (10) Mithilesh Singh son of Chhotelal Singh (11) Rohit Kumar son of Saudagar Singh (12) Hukum Kumar son of Mahesh Singh (13) Rajan Kumar son of Bhogi Singh (14) Diwana Kumar son of Late Ram Bharosh Singh (15) Fuchilal son of Badan Singh, all resident of Icharua (16) Raja Kumar @ Vir Kumar son of Late Chand Singh resident of village Burhawa Haripur, P.S. Alauli, district Khagaria sleeping in huts to the hut of his younger brother Chhotelal Singh P.W.12, tied their hands, legs and shot them with long fire -arm held by the miscreants. Informant somehow concealed himself, saved his life and met co -villager Kamli Singh P.W.2, Jaichand Singh P.W.1, Chhotelal Singh P.W.12, Prakash Singh (not examined), Amrudh Singh P.W.3. The co -villagers have also seen the occurrence and identified the following 37 miscreants (1) Borhan Sada appellant no.14 (2) Opi Mahto @ Upendra Mahto appellant no.1 (3) Bhogi Sada (acquitted) (4) Kevli Sada (acquitted) (5) Rohit Sada (absconder) (6) Lal Bahadur Sada (acquitted) (7) Dilip Sada appellant no.11 (8) Umesh Sada (acquitted) (9) Punit Sada (absconder) (10) Suresh Sada (acquitted) (11) Umesh Sada son of Shibu Sada (acquitted) (12) Sanatan Sada appellant no.9 (13) Harilal Sada appellant no.10 (14) Fucho Sada (acquitted) (15) Nagina Sada (acquitted) (16) Rajo Sada (absconder) (17) Punit Sada son of Kusho Sada (absconder) (18) Sogarath Sada (acquitted) (19) Laddu Sada appellant no.3 (20) Dilip Sada (absconder) (21) Sushil Sada appellant no.8 (22) Ghuran Sada appellant no.2 (23) Lalit Sada (absconder) (24) Barun Sada (absconder) (25) Pankaj Kumar (acquitted) (26) Sushil Sah (acquitted) (27) Dhyani Sada (acquitted) (28) Billo Sada appellant no.13 (29) Ram Sada appellant no.12 (30) Sajjan Sada appellant no.6 (31) Fulo Sada (acquitted) (32) Umesh Mahto appellant no.4 (33) Tarni Sada appellant no.7 (34) Gorelal Sada (absconder) (35) Bindeshwari Sada (absconder) (36) Mithilesh Sada (juvenile) (37) Ashik Sada (acquitted). Besides, there were 20 -25 unknown miscreants who can also be identified if made available. After the occurrence, informant and other co -villagers named above went to their village Icharua and informed the villagers about the occurrence and then returned to the place of occurrence along with hundreds of villagers and brought the dead bodies of his son and others to Icharua. In last but one paragraph of the fardbeyan, informant asserted that the occurrence took place because the accused persons wanted to forcibly take possession of their agricultural land located in Amausi village. The contents of the fardbeyan was read over to the informant, who having found the same to be correct, put his thumb impression over the fardbeyan. P.W.2 Kamli Singh also put his signature over the fardbeyan.

(3.) IN support of the accusation 35 witnesses were cited as witness in the chargesheet. To establish the charge in course of trial, 17 witnesses were examined. P.W.1 Jaichand Singh, P.W.2 Kamli Singh, P.W.3 Amrud Singh and P.W.12 Chhotelal Singh are named as witness in the First Information Report. P.W.4 Yogi Singh, P.W.5 Bhato Singh, P.W.6 Bhogi Singh, P.W.7 Badan Prasad Singh, P.W.8 Mahesh Singh, P.W.11 Praduman Singh, P.W.14 Pankaj Singh are not named in the First Information Report as witness, but have been named in the charge -sheet as witness to support the accusation. P.Ws. 9 and 10 i.e. Dr. Jagdeo Mandal and Dr. Yogendra Singh Prayasi conducted post -mortem of 16 deceased. P.W.13 Paro Singh is informant, P.W.15 Pappu Kumar and P.W.16 Rajesh Singh are the witnesses of inquest. P.W.17 Mukesh Kumar, Officer -in -charge Morkahi P.S. is the Investigating Officer of the case. Defence has also examined three witnesses i.e. D.W.1 Chameli Devi, wife of appellant no.1, D.W.2 Kailu Sahni, boatman, D.W.3 Ramesh Das, Revenue Clerk.