JOGENDRA DOM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order of conviction dated 30th November, 1987, passed by Shashi Kumar Choudhary, 3rd Additional District and Sessions Judge, East Champaran, Motihari in Sessions Trial No. 141 of 1977/199 of 1987, whereby and whereunder the learned Additional Sessions Judge found and held appellant No. 1 (Jogendra Dom) guilty under section 302 of the Indian Penal Code and convicted and sentenced him to undergo imprisonment for life and further found and held appellant No. 2 (Jira Dom), appellant No. 3 (Dasai Dom) and appellant No. 4 (Harendra Dom) guilty under section 323 of the Indian Penal Code and convicted and sentenced them to undergo rigorous imprisonment for one year. As it appears the informant -Chirkut Malli (P.W. 1), alongwith his wife Tenia Devi (P.W. 2) and Choukidar -lndrajit Rai (P.W. 6) went to Chhauradano police station on 12.1.1977 at 7.30 A.M. and got his fardbeyan recorded. As disclosed by the informant -Chirkut Malli (P.W. 1), in yesterday evening after eating feast of funeral ceremony of grandmother of his villager Kailash Singh (P.W. 3) he (P.W. 1) along with his family members had returned his home at 8 O' clock in the night and saw his Fufuwawat brother Radha Dom (deceased) sitting at his home. After taking meal P.W. 1 went to his house to sleep. His Fufuwawat brother Radha Dom (deceased) and his son Narayan Dom (P.W. 7) also went to another house to sleep. While P.W. 1 was still awaking, at 9 O' clock in the night Jogendra Dom (appellant No. 1) of village Pansalwa, Jira Dom (appellant No. 2), Dasai Dom (appellant No. 3) and Narendra Dom (appellant No. 4) all of them of village Sukhlhiya entering into the house of P.W. 1 started assaulting him. On hulla raised by P.W. 1 his Fufuwawat brother Radha Dom (deceased) came there. As per P.W. 1, Jogendra Dom (appellant No. 1), who was armed with gun fired at P.W. 1 but as P.W. 1 bent down the firing of Jogendra Dom (appellant No. 1) hit his brother Radha Dom (deceased) on thigh on his left leg. Radha Dom (deceased) fell down there. The injury was bleeding profusely. P.W. 1 bandaged the injury with cloth but bleeding did not stop and Radha Dom died On hulla raised by P.W. 1, Narayan Malli (P.W. 6), wife of Radha Dom (deceased) and neighbours came and identified the accused persons. After the villagers collected there all the accused persons fled away towards South. Wife of Radha Dom (deceased) claimed to have identified the accused persons.

(2.) CAUSE of occurrence, as disclosed in the FIR is said to be the dispute between informant and appellant for the caste profession. The informants being resident of Tinkoni used to serve Tinkoni villagers and in turn used to attend functions including feast of villagers of Tankoni as village Dom. Appellant No. 1 being Dom of village Sulkhaiya had recently started not only serving Tinkoni village but also attending functions in village Tinkoni. Before alleged occurrence the informant had gone to eat in the feast on the occasion of Saradh ceremony of grandmother of one Kailash, resident of Tinkoni. Appellants were also there and informant had quarrel with the appellants.

(3.) THE defence, as it appears from trend of cross examination, suggestions thrown to prosecution witnesses and the statements of accused appellants recorded under section 313 Cr.P.C. is denial of charges levelled against them and false implication because of enmity. Further by examining D.W. 1, Patlu Malli, the appellants appear to have taken a specific defence that Chirkut Malli (P.W. 1) of village Tinkoni had purchased pigs worth Rs. 3,000/ - from Radha Dom (deceased) and Chirkut Malli (P.W. 1) paid only Rs, 1,000/ -towards price of pigs and Rs, 2,000/ - was to be paid later on. On the alleged date of occurrence Radha Dom (deceased) along -with his wife had gone to village Tinkoni for realisation of balance amount of Rs. 2,000/ -and Radha Dom (deceased) was killed by villagers of Tinkoni and this fact of killing Radha Dom (deceased) was informed by the wife of Radha Dom (not examined) to D.W. 1, Patlu Malli.