NARAYAN JHA AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal was originally filed by 17 persons, who had been convicted of committing the offence under Sections 302/149 of the Indian Penal Code and after being heard on sentence on the same date, i.e., 24.02.1990 by the learned 1st Additional Sessions Judge, Sitamarhi in Sessions Trial Nos. 61/1987 and 143/1987, each of them was directed to suffer rigorous imprisonment for life. Some of the appellants were convicted under Section 147 IPC and some set of appellants, like, appellant nos. 1, 2 and 3 had been convicted also under Section 148 of the I.P.C. Those who had been convicted under Section 147 I.P.C. were directed to suffer rigorous imprisonment for two years; while the others, who had been held guilty of having committed the offence of rioting after being armed with deadly weapons, were directed to suffer rigorous imprisonment for three years. A couple of them, out of 17 appellants, had also been convicted under Section 325/326 IPC and was directed to suffer rigorous imprisonment for five years and seven years respectively.

(2.) During the pendency of the present appeal, appellant nos. 4, 7, 8 and 17 died and the appeal, on their behalf, stood abated as appears from the order passed by the Court on 01.02.2013, leaving 13 appellants on the array of the appellants.

(3.) The occurrence was dated 13.12.1986 and the prosecution story was that the informant Ganga Mahto (PW5) with his brother Yamuna Mahto and other family members, like, his son Ram Jiwan Mahto (PW3), Sita Paswan (PW1) and Ram Tahal Sahni (PW4) had gone to bring bundles of thatch from the field of one Sukhari Singh. They had loaded, as may appear from the evidence led by the prosecution, 32 bundles of thatch over a tyre-cart and as soon as they had started and had reached the field of the said Sukhari Singh, the accused persons came there variously armed and surrounded the informant and others as also the cart. Amongst the appellants, Satrughan Jha and Nand Kishore Jha were armed with gun and pistol respectively, whereas Sri Narain Jha was carrying a Farsa. Appellant Dukhit Jha @ Mahesh Jha was armed with a Bhala. The remaining appellants were carrying Lathis. It was stated that appellants Sri Narayan Jha, Nand Kishore Jha and Satrughan Jha caught the deceased Yamuna Mahto, the brother of the informant (P.W.5) and his son Ram Jiwan Mahto (P.W.3). Appellants Satrughan Jha put his gun on the person of P.W.3 Ram Jiwan Mahto, whereas appellant Nand Kishore Jha put his pistol on the person of the deceased Yamuna Mahto. It was appellant Ravindra Jha who remonstrated the accused persons, who were carrying firearms, as to why they were waiting; they should shoot the two persons dead. However, it was appellant Sri Narayan Jha, as per allegation, who gave a Farsa blow on the head of the deceased Yamuna Mahto in order to killing him and the said Yamuna Mahto fell on the ground. Appellant Mahesh Jha wielded a Bhala blow on P.W.3 Ram Jiwan Mahto, which hit him on his right hand. The remaining accused persons started assaulting the deceased Yamuna Mahto and injured Ram Jiwan Mahto with Lathi. When the informant and Sita Paswan (PW1) intervened to save them, the two were assaulted by Shambhu Jha and Laxman Thakur with Lathi, each having given 2-3 blows to them. The informant stated that he was frightened and he ran for his life raising alarms, but in the meantime, appellants Kaushal Jha, deceased accused Rudal Jha and appellants Naresh Jha and Ramchandra Jha drove away the tyre-cart with the loaded bundles of thatch. Appellants Satrughna Jha, Nand Kishore Jha, Sri Narayan Jha and Mahesh Jha picked up the two injured and started dragging them towards west, stating that the two had to be killed and their dead bodies buried in the riverbeds. While they were dragging the two injured, the other accused persons were giving blows with Lathi and Farsa to each of them.