SHIWAN TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the judgment and order dated 8th April, 1991. passed by the learned 2nd Additional Sessions Judge, Muzaffarpur, in Sesstions Trial no. 148 of 1987 by which all the appellants have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and rigorous imprisonment for three months under Section 342 of the Indian Penal Code. The appellant Bharat Singh has been further convicted and sentenced to undergo rigorous imprisonment for one year under Section 379 of the Indian Penal Code. The sentences have been directed to run concurrently.

(2.) THE prosecution case, in brief , is that on 19.10.1986 at about 8 A.M. Baleshwar Tiwari (P.W.2) came to the house of the deceased Bhag Narayan Tiwari, husband of the informant Dharmawati Devi (P.W.3) and stated that the price of a she -buffalo had been materialized and requested him to purchase the she -buffalo. Thereafter, the deceased took Rs. 4,000/ - and went with Baleshwar Tiwari (P.W.2) to purchase the she -buffalo from village -Dahila. At about 11 A.M., Baleshwar Tiwari (P.W.2) rushed to the house of the informant in an injured condition and told her that Bharat Singh, Dhirendra Singh, brother of dacoit Jitendra Singh and his companion dacoits Sagar Singh, Dip Narayan Singh, Gajendra Singh and Shiwan Tiwari caught hold of the deceased Bhag Narayan Tiwari. Dip Narayan Tiwari (appellant) tied both hands of the deceased and all the accused dragged him in the western side of the cattle -shed of Jitendra Singh and Bharat Singh and told that he would also be killed. Near the electric pole Bharat Singh cut the neck of the deceased with chhura and Gajendra Singh pierced knife (chhura) in the abdomen of the deceased. Dip Narayan Tiwari caught hold of the deceased and Shiwan Tiwari, Sagar Tiwari and Dhirendra Tiwari pulled the tongue of the deceased out and tied it with a gamachha. All the accused caused the death of the deceased and threw the dead body in the Madhepura Chawar (barren land). The occurrence was witnessed by Baleshwar Tiwari (P.W.2) and the persons who were working in the field and the co -villagers including Ram Prasidh Tiwari (P.W.6), Hari Narayan Tiwari (P.W.4), Chandrika Tiwari, Raj Kishore Tiwari (P.W.1) and others. On raising alarm the accused fled away as a result of which the life of Baleshwar Tiwari (P.W.2) could be saved. He rushed to the village with tottering steps and narrated about the occurrence to the informant. The further case of the prosecution is that Bharat Singh (appellant) took Rs. 4,000/ - from the deceased and Gajendra Singh took Rs. 1,200/ - from Baleshwar Tiwari. At the time of occurrence, Ram Kumar Tiwari (appellant) also came there and he also participated in causing the death of the deceased.

(3.) THE fardbeyan of the informant was recorded by Sub - Inspector, Baij Nath Singh (P.W.9) on 9.10.1986 at 15 hours in the house of the informant. Hathauri P. S. Case no. 73 of 1986 was instituted against Bharat Singh and six others. After investigation chargesheet was submitted against all the seven accused. Gajendra Singh died during the pendency of the trial and co -accused Ram Sagar Singh absconded. As such, his trial was separated vide order dated 11.5.1998. Charges under Sections 302/34 and 342 of the Indian Penal Code were framed against all the appellants. Bharat Singh was further charged under Section 379 of the Indian Penal Code.