LAWS(PAT)-2005-9-10

SARJU AHIR Vs. STATE

Decided On September 29, 2005
Sarju Ahir Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE above two appeals are directed against the judgment dated 16.1.1988 passed by Shri Nawal Kishore Singh, 8th Additional Sessions Judge, Sasaram in Sessions Trial No.563/81 of 1977/1983 by which he has convicted all the appellants under Sections 302/149, IPC for the murder of the deceased -Kameshwar and has further convicted all the appellants except appellants Tetri Devi and Keshri Devi under Section 307, IPC for attempting to commit the murder of Kishun Singh and has sentenced all the appellants to undergo rigorous imprisonment for life under Sections 302/149, IPC and has further sentenced the appellants and convicted under Section 307, IPC to undergo rigorous imprisonment for ten years with a direction that the sentences against the appellants would run concurrently.

(2.) AS both the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(3.) THE prosecution case, as disclosed from the FIR, is that one day prior to the occurrence Kameshwar, the son of the informant Ramchela Das had gone to Bhabhua to inform him that the appellant Sarju Ahir along with some villagers wanted to commit mischief with regard to his land on which the wheat crops were raised. On this, the informant had advised his son not to go to that field. On 28.3.1975 i.e. the date of occurrence at about 8 a.m. the informant was coming to his village Pewandi and when he reached ahead of Christain mission, he saw his son Kameshwar and samdhi of Tribeni Sah fleeing from the side of the village Pewandi and some villagers chasing them with lathi, bhala and when his son reached the field of one compounder on the border of village Pewandi, appellant Sheopujan Ahir assaulted him with iron rod on his head in the back and he fell down. The informant hid himself in the house of Mahanth Rai and saw that after his son fell down, the samdhi of Tribeni Rai fled towards the west, and after his son fell down the appellant Laloo Mishra, Vindhyachal Mishra instigated Sarju to kill his son and on this Sarju Ahir, Rambachan Ahir, Rarnayan Ahir, Laloo Ahir, Raghu Ahir assaulted his son with lathi Appellants Naghina Mishra, Daya Mishra, both armed with lathi, Ramji Chaubey with bhala, Doma Rai, Dudhan Rai with lathi, were also present in the mob. It is also alleged that when the samdhi of Tribeni Rai was fleeing, Vindhyachal Mishra exhorted to kill him when the appellants Rarnayan Ahir, Doma Rai, Dudhan Rai chased him. The informant, seeing his son being assaulted, and being fearful that the appellants might assault him, rushed to the Police Station. At the Police Station he thereafter learnt that his son was taken to the hospital where during treatment he died. He further learnt that his wife Laxmi Devi and mother Kaushalay Devi had also come to hospital and that his wife and mother were cutting crops and his son was there when the appellant Sarju Ahir collected the above appellants and chased his son and when the samdhi of Tribeni Rai, who was there, protested, they also chased him to assault and assaulted him.