AKAL KEWAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been preferred against the judgment and order, dated 31.03.1993, passed by the learned 2nd Additional Sessions Judge, Munger, in Sessions Trial No. 434 of 1985, convicting the accused appellants under Sections 302 and 364 read with Section 34 of the Indian Penal Code. Following their conviction, the accused appellants have been sentenced to suffer imprisonment for life under each of the two counts. However, both the sentences have been ordered to run concurrently.

(2.) THE case of the prosecution, as unfolded by the First Information Report may, in brief, be described as under: The informant, Shanti Devi, widow of late Sheodani Kewat, gave her fardbayan, on 23.09.1984, at about 5:00 PM, at Lakhisarai Police Station, that her co -villagers, namely, Akal Kewat, Kamal Kewat, Khiran Kewat, Dukhi Kewat, Radhey Shyam Kewat and Baleshwar Kewat were on inimical terms with the informant's husband and, owing to the enmity, Khiran Kewat, son of late Deva Kewat, Dukhi Kewat, son of Dewa Kewat, and Kamal Kewat, son of Teja Kewat (co -villagers), came, on previous day, i.e., 23.09.1984, at about 5.00 P.M., to the house of the informant and took her husband with intention to kill him. In furtherance of their common intention, they locked him in a room of the house of Khiran Kewat. The informant, along with her mother -in -law (P.W. 4), followed her husband to the house of Khiran Kewat, where Akal Kewat, Radhey Shyam Kewat and Baleshwar Kewat were already present from before. The informant and her mother -in -law started requesting them to release Sheodani Kewat and, in the meantime, her maternal father -in -law, namely, Garib Kewat (P.W. 1), and her maternal mother -in -law, namely, Sampatiya Devi (P.W. 2), too, arrived there and tried to rescue her husband. However, the accused persons rebuked and drove them away giving out threats. On account of the threat and fear of the accused persons, Sheodani Kewat's wife, Shanti Devi (since deceased) returned to their house. In the morning, on 24.09.1984, the informant, Shanti Devi (since deceased) and the members of her family went back to the house of Khiran Kewat, but they found the dead body of Sheodani Kewat lying near the door in front of his house. Due to fear, they could not notice the injury on the person of Sheodani Kewat and went to Lakhisarai Police Station and, on arriving there, Shanti Devi orally reported the occurrence to the police. The oral information, so given by Shanti Devi, was reduced into writing and considering the same as First Information Report (hereinafter referred to as "F.I.R."), Lakhisarai Police Station Case No. 302 of 1984, under Sections 364/302/34 of the Indian Penal Code, was registered against Khiran Kewat, Kamal Kewat, Dukhi Kewat, Akal Kewat, Radhey Shyam Kewat and Baleshwar Kewat.

(3.) DURING investigation, inquest was held over Sheodani Kewat's dead body, which was also subjected to post mortem examination, and, on completion of investigation, charge sheet was laid, under Sections 302/34 of the Indian Penal Code, against all the named accused persons, as also against Dilip Kewat.