STATE OF BIHAR Vs. BINOD KEWAT

JUDGEMENT

(1.) The death reference was heard alongwith Cr. Appeal preferred by all the eight convicts/appellants. The Court below has convicted appellant Binod Kewat under Section 302 IPC and 27 of the Arms Act, and has awarded death sentence. No separate sentence under Arms Act, has been passed against him. Rest seven appellants have been convicted under Sections 302/149 IPC, and have been awarded sentence for life. Appellant Mahendra Kewat has also been found guilty under Section 27 Arms Act. However, no separate sentence has been awarded to him for that offence.

(2.) The prosecution story is very short and most of the facts are not under dispute. There was a piece of land in village Tetradh Bangla, PS Akorhigola Sasaram bearing Plot No. 1131-1134 appertaining to Khata No. 204 over which at the relevant time there was paddy crops. Both parties were laying claim over the said land as a result of which a proceeding under Section 144 Cr PC was initiated. Against which the informant Hiraman Kewat (PW 6) preferred revision before the Hon'ble Court. According to him, the Hon'ble Court ruled in his favour.

(3.) Further case of the prosecution is that on 3.3.1995 at about 8.00 a.m. the deceased Kunti Devi, wife of the informant, went over the land in question, harvested a bundle of paddy crop and while at about 9.30 a.m she was returning to her house alongwith "the bundle, the accused appellants armed with country made pistols, farsa, lathi etc. intercepted her near their house situated near the house of the informant and accused-appellant Surendra Kewat and his wife forcibly snatched the bundle from- her head and kept in front of their house,