STATE OF BIHAR Vs. JANAK PANDEY

JUDGEMENT

(1.) The Vth Additional Sessions Judge, Bhojpur at Ara by his judgment dated 26.7.2002 and order dated 30.7.2002 passed in Sessions Trial No 148 of 1998 has convicted and sentenced Janak Pandey to death under Section 302 of Indian Penal Code (In short "I P C"), Suryadeo Pandey to death under Section 302 of IPC read with Sections 114 and 149 of IPC, Sanjai Pandey @ Bundela Pandey, Rajesh Pandey and Tapeshwar Pandey to death under Sections 302/149 of IPC, Dadan Singh to undergo rigorous imprisonment for life under Section 302 of IPC, Sriniwas Singh, Baban Singh and Ekram Pandey @ Manhan Pandey to undergo life imprisonment under Sections 302/149 of IPC. Sriniwas Singh has further been convicted and sentenced to undergo rigorous imprisonment for life under Section 307 of IPC. Besides this, Janak Pandey has further been convicted under Sections 148 and 307/149 of IPC and Section 27 of Arms Act, Suryadeo Pandey has further been convicted under Sections 148 and 307 read with Sections 114/149 of IPC, Sanjay Pandey has further been convicted under Sections 148 and 307/149 of IPC, Rajesh Pandey and Tapeshwar Pandey have further been convicted under Sections 147 and 307/149 of IPC, Dadan Singh has been further convicted under Sections 148 and 307/149 of IPC and Section 27 of Arms Act, Sriniwas Singh has been further convicted under Section 148 of IPC and Section 27 of Arms Act, Ekram Pandey has further been convicted under Sections 148 and 307/149 of IPC and Baban Singh has been further convicted under Section 147 and 307/149 of IPC but no separate sentence for these offences has been passed against anyone of them. The Court below has made reference numbered as Death Reference No. 11 of 2002 under Section 366 (1) of Criminal Procedure Code (In short 'Cr PC') for the confirmation of sentence of death awarded to the aforesaid five convicts. Convicts Baban Singh and Ekram Pandey @ Manhal Pandey have filed criminal appeal No. 483 of 2002, Sriniwas Singh has filed criminal appeal No,. 532 of 2002, Suryadeo Pandey, Sanjai Pandey, Rajesh Pandey and Tapeshwar Pandey have filed criminal appeal no.516 of 2002 and Dadan Singh and Janak Pandey have filed criminal appeal No. 566 of 2002 challenging the judgment and order of Court below convicting and sentencing them. Because Death Reference No. 11 of 2002 and all the aforesaid four appeals arise out of same judgment and order so Death Reference No. 11 of 2002 is also being disposed of in this judgment after disposing of the appeals.

(2.) The case of prosecution, as disclosed in the fardbeyan (Exhibit-5) of informant Dadan Pandey (PW 2), is that on 23.2.1997 at about 7 pm, informant was sitting in his room near the door and his father Balmiki Pandey, his grandmother and other members of his family were talking with each other sitting in dalan when all the appellants alongwith co-accused Siyaram Pandey (since dead) and Hare Ram Pandey (since absconding) came in the dalan of informant. Appellants Dadan Singh, Sriniwas Singh and Janak Pandey were armed with guns, appellants Baban Singh, Tapeshwar Pandey and co-accused Hare Ram Pandey and Siyaram Pandey were armed with lathi and Sanjai Pandey, Suryadeo Pandey and Ekram Pandey were armed with bhala. Appellant Suryadeo Pandey and co-accused Siyaram Pandey asked other appellants for killing on which appellant Dadan Singh and Janak Pandey fired on father of informant who, after receiving injuries, instantaneously died on the chauki on which he was sitting and when informant rushed towards him, appellants Sriniwas Singh fired on informant causing injury on his right leg and informant fell down. When nulla was raised by other members of the family of informant, all the appellants fled away towards south by firing firearms. On hulla and hearing sound of firing, a number of villagers assembled at the house of informant to whom the informant told about the occurrence. Old enmity between the informant's party and appellants is said to be the motive of occurrence. The fardbeyan of informant was recorded on 22.2.1997 at about 1.00 hours by Sub-Inspector Md. Qudratullah (PW 6) at the house of informant. On the basis of fardbeyan of informant, a case under Sections 147, 148, 149, 302, 307, 324 of IPC and Section 27 of Arms Act was registered against appellants and co-accused Siya Ram Pandey and Hare Ram Pandey. After investigation, charge-sheet against the appellants and co-accused Siyaram Pandey was submitted. Co-accused Hare Ram Pandey was shown absconder. Cognizance of the case was taken and the case was committed to the Court of Session. Co-accused Siyaram Pandey died before the hearing on charge matter. Charge under Section 302 of IPC against appellant Dadan Singh and Janak Pandey and charge under Section 302/149 of IPC against remaining seven appellants, further charge under Section 307 of IPC against appellant Sriniwas Singh and charge under Sections 307/149 of IPC against remaining seven appellants, further charge under Section 147 of IPC against appellant Baban Singh, Rajesh Pandey and Tapeshwar Pandey and charge under Section 148 of IPC, against appellant Dadan Singh, Sriniwas Singh, Janak Pandey, Suryadeo Pandey, Ekram Pandey and Sanjai Pandey, charge under Sections 302/114 and 307/149 of IPC against appellant Suryadeo Pandey and charge under Section 27 of Arms Act against appellants Dadan Singh, Sriniwas Singh and Janak Pandey were framed. As appellants denied the charges, they were put on trial and after trial, they were found guilty and convicted and sentenced, as indicated above. No witness on behalf of appellants has been examined but from the trend of cross-examination of prosecution witnesses and documents filed on their behalf, the case of appellants is of complete denial of charges against them and their false implication in this case owing to previous enmity between the parties.

(3.) Altogether six witnesses have been examined on behalf of prosecution. Dr. Anil Kishore Prasad (PW 1) is the doctor who had held post mortem examination on the dead body of deceased. Md. Qudratullah (PW 6) is the Investigating Officer. Dadan Pandey (PW 2), son of deceased is the informant. Sobh Nath Pandey (PW 5), another son of deceased, Safeda Devi (PW 3), mother of deceased and Sumitra Devi (PW 4), wife of younger brother of deceased are said to be eye-witnesses to the occurrence.