STATE OF BIHAR Vs. KRISHNA NANDAN SHARMA

JUDGEMENT

(1.) DEATH reference and the three criminal appeals arise out of judgment/ order dated 21.09.2013/ 27.09.2013, passed by Ad hoc Additional District & Sessions Judge -I, Barh, Patna, in Sessions Trial No. 857/2008 (C -2), whereunder the appellants have been held guilty and convicted for the offences under Sections 147, 148, 302, 149, 342, 201/149 of the Penal Code and Section 27 of the Arms Act. Two of the aforesaid appellants, namely, Krishna Nandan Sharma and Tinku Sharma have been awarded Capital Punishment for the offence under Section 302/149 of the Penal code with further direction to pay fine of Rs. 25,000/ - and compensation of Rs. 50,000/ - each to the legal heirs and successor of deceased Amod Kumar and Sujeet Kumar. They have further been directed to suffer Rigorous Imprisonment for three years under Section 201/149, 148 of the Penal Code and Section 27 of the Arms Act respectively. The other six appellants have been directed to suffer Rigorous Imprisonment for life under Section 302/149 of the Penal code, one year, three years, six months, three years under Sections 147, 148, 342 of the Penal Code and Section 27 of the Arms Act respectively. They have further been directed to pay fine of Rs. 25,000/ -, in default of payment of fine, to suffer Rigorous Imprisonment for six months. They have also been directed to pay compensation of Rs. 50,000/ - each to the heirs and successors of the deceased Amod Kumar, Sujeet Kumar.

(2.) PROSECUTION story, as set out in the written report dated 21.05.2007 (Exhibit -1) of Jai Ram Singh (P.W. 4), addressed to the Officer -in -Charge, Bakhtiyarpur Police Station, Patna is that P.W. 4 along with Ranjeet Kumar (P.W. 3), Pramod Singh (P.W. 1), Paras Rai (P.W. 2), Sujeet Kumar son of Mathura Rai, Raju Kumar son of Lakhan Yadav, Amod Kumar son of Daleshwar Yadav, all residents of Village - Alipur, P.O. - Alipur Bihta, Police Station - Bakhtiyarpur were going to Village - Mogalpura on 20.05.2007 around 8:00 P.M. to participate in the feast at the house of Nawal Yadav. No sooner the informant and others reached near the house of Accused No. 1 Krishna Nandan Sharma, they were surrounded by following 10 -15 men, variously armed : (1) Krishna Nandan Sharma (Accused No. 1), (2). Bhothu Sharma @ Babloo Sharma, (3). Tinku Sharma (Accused No. 2), (4). Teni Sharma (Accused No. 6), (5). Umesh Sharma (Accused No.

(3.) ), (6). Bhushan Sharma, (7). Suraj Sharma (Accused No. 5), (8). Vijay Sharma (Accused No. 8), (9). Chhote Sharma (Accused No.4), (1). Lal Babu Sharma (Accused no. 7), all residents of Village - Salimpur, P.S. Bakhtiyarpur, District - Patna. Accused No. 1 Krishna Nandan Sharma asked his companions to kill the members of the prosecution party and himself first shot Amod from his rifle on his chest. He again fired another shot on his stomach causing his death. Tinku Sharma shot Sujeet Kumar, the projectile first hit his hand and then deflected causing injury on his chest leading to his fall, whereafter Bhothu Sharma also shot Sujeet Kumar from his rifle in his belly causing his death. Bhushan Sharma shot from his rifle on the back of Raju Yadav, who raised alarm and fell down. The other accused persons armed with rifle, named in the written report, surrounded the members of the prosecution party while the others named above shot. Informant further states in the written report that somehow he and P.Ws. 1, 2, 3 managed to escape from the place of occurrence and came to village where villagers and members of the family were informed about the occurrence. Information about the occurrence was also sent to the Police Station whereafter the dead bodies were recovered. Informant asserted in the written report that eye -witness account has been narrated in the written report with request to take action against the assailants. Besides the informant P.Ws. 1, 2 and 3 also put their signature on the written report (Exhibit -1). 3. Officer -in -Charge, Bakhtiyarpur Police Station having received the written report (Exhibit -1) registered Bakhtiyarpur P.S. Case No. 0131/07 dated 21.05.2007 at 8:30 A.M. for the offences under Sections 147, 148, 149, 302, 342 of the Penal Code and Section 27 of the Arms Act with further endorsement that he has already taken up the investigation of the case and forwarded the First Information Report to the court through special messenger. In this connection reference be made to the search -cum -seizure -list (Exhibit -8) which was drawn by the Investigating Officer on 21.05.2007 at 5:30 A.M. before submission of the written report in presence of M/S Anjani Kumar (P.W. 7), Shyam Kishore Sharma (P.W. 6) indicating seizure of three empty cartridges from the entrance of the house of Accused No. 1.