BHARAT KAMKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.7.2001 passed by Sessions Judge, Buxar in Sessions Trial No. 924 of 1992 convicting and sentencing the appellants to undergo imprisonment for life under Section 302 of Indian Penal Code (in short "IPC") and to undergo rigorous imprisonment for five years each under Section 201 of IPC. Both the sentences have been ordered to run concurrently.

(2.) Case of prosecution, in-short, is that on 4.7.1991 at about 8 a.m., Ram Bachan Rai, husband of informant Sushila Devi (PW 3), after leaving his buffalo in badhar (open space) for grazing, was returning to his house when ten to twelve persons came running from the southern side of village out of them four to five were armed with rifles and guns. On seeing them, husband of informant ran towards his house. In the meantime, appellant Najibullah Mian carrying arm came and asked for catching hold of husband of informant. In the meantime, the persons who were coming running from southern side of village reached the house of informant and caught hold of husband of informant at the darwaza of house and took him away towards southern side assaulting him. Among those persons, informant identified appellants Bharat Kamkar, Najibullah Mian, Telhu @ Janardan Kumar, Ramavatar Ram, Deepa Chamar and Ram Dayal Dusadh and Baleshwar Ram (both since dead). Other four to five persons, carrying rifles and guns, could not be identified by informant. The appellants and their companions took the husband of informant at a place half a kilometre south-east of village and assaulted him with lathi, kicks and fists resulting in his death. Thereafter, they burnt the dead body of husband of informant by bringing dung cakes and setting fire. Thereafter, all the appellants and their companions raising slogans, that whoever would challenge them he would be finished, went towards south. The fardbeyan of informant was recorded on the same day at about 1 p.m. at her residence by Sub-Inspector Raj Bansh Singh (PW 5), the then Officer-in-charge of Rajpur Police Station. About the motive of occurrence, the informant in her fardbeyan stated that one day before the day immediately proceeding to the date of occurrence, her son Babloo @ Jitendra Rai had slapped the son of Ram Dayal Dusadh in an altercation and Ram Dayal Dusadh had given threatening that he would take revenge but informant, taking it a minor incident, did not pay much attention to it. On the basis of fardbeyan of informant, First Information Report under Sections 364, 302, 201 of IPC and Section 27 of Arms Act was drawn against the appellants and five unknown persons, and after investigation, police submitted charge-sheet against the appellants and Ram Dayal Dusadh (since dead) and one Saudagar Chamar showing him absconder and Baleshwar Ram showing him dead. Cognizance of the offence was taken and case was committed to the Court of Session where charges under Sections 302 and 201 of IPC were framed against the appellants and Ram Dayal Dusadh. Since, appellants denied charges framed against them, they were put on trial. During the pendency of trial, Ram Dayal Dusadh died. After trial, all the five appellants were held guilty under Sections 302 and 201 of IPC and were convicted and sentenced, as indicated above.

(3.) The case of appellants is complete denial of charges against them. From the trend of cross-examination of prosecution witnesses, their case of that some unknown culprits abducted and committed the murder of husband of informant but they have been falsely implicated in this case owing to earlier grudge and animosity because earlier Ram Dayal Dusadh (since dead) had filed a criminal case against the deceased and his son Babloo and two nephews of deceased for an occurrence of rape taken place on 1.7.1991 as well as of assault which took place subsequently.