SANTOSH KR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (DB) No.335/1991 and Cr. Revision No.851/1991 arise out of the judgment and order dated 22.08.1991 passed by the learned 2nd Additional Sessions Judge, Arrah in Sessions Trial No.484/1988 by which opposite party nos. 2, 3 and 4 have been acquitted of the charge under sections 364 and 302/34 of the Indian Penal Code and appellant no.1 Santosh Kumar Tiwari has been convicted under Section 302 of the Indian Penal Code and the remaining appellants Abhay Tiwari, Lalji Tiwari @ Awadhesh Tiwari and Tribhuwan Tiwari have been convicted under Sections 302/34 of the Indian Penal Code and all the appellants have been sentenced to undergo rigorous imprisonment for life.

(2.) During the pendency of the appeal, appellant no.4 Tribhuwan Tiwari died, as such, his appeal has been abated vide order dated 16.12.2005.

(3.) The prosecution case, in brief, is that on 29.05.1988 at about 11.00 P.M., the accused Santosh Tiwari, Uday Tiwari, Mritunjay Tiwari, Abhay Tiwari, Tribhuwan Tiwari and Lalji Tiwari, all residents of Mahajan Toli No.2 in the town of Arrah and Lachhuman Dubey came to the house of the informant Sanjay Kumar Sharma (P.W.10) and abused his father Surendra Kumar Sharma (deceased). Surendra Sharma came out of his house and asked as to why they were abusing him. Thereafter, all the accused persons assaulted him (deceased) and dragged him in the lane and in their house and assaulted him. The reason for the occurrence is that Sidhnath Tiwari, son of late Mangala Prasad Tiwari and his wife Dharamshila Devi executed a deed of gift in favour of Meena Sharma (P.W.1), mother of the informant. The occurrence was also witnessed by Gyan Datt Tiwari, Meena Sharma (P.W.1) and Pravin Kumar Sharma, the younger brother of the informant. The fardbeyan of the informant Sanjay Sharma (P.W.10) was recorded by Sub-Inspector of Police M.M. Prasad (P.W.11) of Arrah Town Police Station at Sadar Hospital, Arrah on 30.05.1988 at 1.30 hours. On the basis of aforesaid fardbeyan, Arrah Town P.S. Case No.164/1988 was instituted against all the accused. After investigation, charge-sheet was submitted. Cognizance was taken. The case was committed to the court of sessions. The charge was framed against appellant no.1 for the offence punishable under Section 302 of the Indian Penal Code and against the remaining six accused under Sections 302/34 of the Indian Penal Code and against all the accused under Section 364/34 of the Indian Penal Code to which they denied and claimed to be tried.