RAM BALAK PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three appellants have filed this appeal being aggrieved by the judgment of conviction dated 16.07.1991 and sentence dated 18.07.1991 passed by the 4th Additional Sessions Judge, Aurangabad in Sessions Trial No. 28 of 1982/12 of 1987, whereby the three appellants have been sentenced to undergo rigorous imprisonment for life. They have been found guilty of offence punishable under Sections 302/34 of the Indian Penal Code (for short 'I.P.C.'). Appellants no. 1 and 3 were also found guilty for offence punishable under Section 323 of the I.P.C. for having caused injury to informant Arun Paswan (P.W. 5) and appellant no. 2 was also found guilty for offence punishable under Section 323 of the I.P.C. for having caused injury to Sonamati Devi (P.W. 1), but no separate sentence was awarded to them under the said Section.

(2.) THE trial court has convicted them on alleged basis of eye witnesses account of the incident. We have noted this only to show that seeing the evidence of the prosecution witnesses we find that none of the witnesses, who professed to be eye witnesses, are, in fact, eye witnesses and the whole story, as built up by the prosecution, is a cock and bull story.

(3.) IN course of investigation, P.W. 7 Chhotelal Paswan and P.W. 8 Deo Dutta Mishra made statements before the Magistrate under Section 164 of the Code of Criminal Procedure (for short Cr. P. C), which would be dealt at the appropriate stage. After recording the fardbeyan, the Police allegedly raided the houses of the three appellants and from the house of appellant no. 2 Ramashray Paswan allegedly one lathi was seized having some stains like blood stains. Let it be recorded at this stage itself that this lathi, though seized, was never sent for any forensic examination. It is merely the statement of the Investigating Officer (P.W. 11) that it had some stains like blood stains. Charge -sheet having been submitted, the case was committed to the court of session. At the first instance, charge was framed on 19th December, 1985 against the three appellants under Section 302/34 of the I.P.C., evidence started to be recorded, thereafter, on the basis of evidence, that came on record, on 25.08.1987 additional charges were framed under Section 323 of the I.P.C. in respect of alleged assault on the informant P.W. 5 Arun Paswan by the three appellants and then on 25.08.1987 itself the charge was framed against appellant no. 2 Ramashray Paswan for having assaulted Sonamati Devi on 25.07.1981 at 6 P.M. The charge was under Section 323 of the I.P.C. The witnesses, who had been examined on behalf of the prosecution, were re -examined.