ASARFI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals arise from Sessions Trial No 125 of 1985/120 of 1988 whereunder by judgment and order dated 31.07.1992, all the appellants of the two appeals have been found guilty under sections 302/149 of Indian Penal Code (IPC) and sentenced to life imprisonment by the Additional Sessions Judge I, Muzaffarpur.

(2.) IT may be noticed here that 14 persons were put on trial out of which only six have been convicted and the rest have been acquitted on the same evidence. It may also be noticed that right from the beginning that is from the stage of Fardbayan, 14 persons have been named and they had been chargesheeted as well but the trial Court found the prosecution of eight persons to be misconceived and lacking in evidence though the evidence is the same for all.

(3.) WE have heard the learned counsels for the appellants and learned APP Shri Ajay Mishra for the State at length and perused the records. The prosecution case is based upon a Fardbayan recorded at about 10 pm on 12.03.1984 by the Assistant Sub Inspector (ASI) of Police, Kanti Police Station (PS) Shashi Nath Jha who is also the Investigating Officer (IO) (PW 10). This Fardbayan is recorded at the house of the informant Tej Narayan Prasad (PW 7). It is, inter alia, alleged that the informant alongwith others including the deceased Deep Narayan Prasad, who was his cousin, were having tea at two adjacent tea stalls. Appellant Yashwant Prasad was also there having tea. Some quarrel started between appellant Yashwant and deceased Deep Narayan Prasad. Informant and others allegedly pacified the two. Appellant Yashwant went to his village threatening Deep Narayan Prasad, the deceased. Later when informant and deceased Deep Narayan Prasad and others were moving towards their village from tea stall, they found appellant Yashwant with other appellants waiting on the road side. They were armed with bhala, farsa and lathis. It is specifically mentioned that appellant Yashwant was carrying a "Lukiari" (Mashal - fire lit torch). They singled out Deep Narayan Prasad. He was assaulted and killed. The informant and others ran away and when they came to their village, they found a hut near the informant's house burning and the people there disclosed that it had been lit by appellant Yashwant. It was also alleged that some of these appellants took away the two cycles of the informant and deceased Deep Narayan Prasad.