SAHEB PANJIARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and the order dated 3.10.1991 passed by the learned Additional Sessions Judge, Banka in Sessions Trial No. 779/89/Trial No. 366/91 by which all the appellants have been convicted and sentenced to rigorous imprisonment for life under Sections 302/149 of the Indian Penal Code. The appellant no. 3 has been further convicted and sentenced to rigorous imprisonment for seven years under Section 307 of the Indian Penal Code. The appellant nos. 2, 3 and 5 Ashok Panjiara, Arjun Panjiara and Niranjan Panjiara have been further convicted and sentenced to rigorous imprisonment for two years under Section 148 of the Indian Penal Code, whereas, the appellant nos. 1 and 4 Saheb Panjiara and Ajay Panjiara have been convicted and sentenced to rigorous imprisonment for one year under Section 147 of the Indian Penal Code. However, all the sentences have been directed to run concurrently.

(2.) THE prosecution case, in brief, is that on 29.05.1989 at about 7.00 A.M. Narayan Bagbe (deceased) and Bandhu Bagbe (P.W. 2) were ploughing field of Narayan Bagbe for sowing paddy. Lakshman Bagbe (another deceased) also came to the field carrying paddy seeds. In the meantime, all of a sudden, the co -villagers Saheb Panjiara (appellant no. 1) armed with Lathi, Niranjan Panjiara (appellant no. 5) armed with sword, Arjun Panjiara (appellant no. 3) armed with Bhala, Ajay Panjiara (appellant no. 4) armed with Lathi, Ashok Panjiara (appellant no. 2) armed with bomb, Triveni armed with Khanti, Gurudayal Baidya and Tura Mandal, both armed with Lathi came there and asked the informant and other ploughmen to stop ploughing the field. Narayan Bagbe (deceased) refused to stop ploughing and told that the field belonged to him, why they would stop the ploughing. Thereafter, Saheb Panjiara (appellant no. 1) and Niranjan Panjiara (appellant no. 5) instigated the co -accused to kill them. Thereafter, Arjun Panjiara (appellant no. 3), Ajay Panjiara (appellant no. 4), Niranjan Panjiara (appellant no. 5) and Saheb Panjiara (appellant no. 1) assaulted Narayan Bagbe with Lathi, sword and spear. After getting the injuries Narayan Bagbe fell down and succumbed to his injury on the spot. When Bandhu Bagbe (P.W. 2), father and uncle, Lakshman Bagbe (deceased) of the informant tried to rescue Narayan Bagbe, the aforesaid accused also assaulted them brutally with the aforesaid weapons and they became senseless. The injured were taken to the hospital for treatment. The occurrence was witnessed by the co -villagers Basant Mandal (not examined), Praduman Mandal (P.W. 5), Rabindra Mandal (P.W. 6) and others. It has been further alleged that the accused also rushed to assault the informant, but he escaped.

(3.) THE fardbeyan (Ext. 1) was recorded in the police station. The police rushed to the hospital and prepared the inquest report on the dead body of Narayan Bagbe (Ext. 2) and Lakshman Bagbe (Ext. 2/1). After investigation, the police submitted charge -sheet. Cognizance was taken. The case was committed to the court of sessions. Charges were framed against the appellants and three others, i.e., Nidho Raut, Madhu Raut and Makhi Raut which they denied and claimed to be tried.