JAMADAR AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals have been heard together and disposed of by the common judgment and order, dated 25.02.1993 and 25.02.1993, passed in Sessions Trial No. 124 of 1991/42 of 1991 arising out of Hilsa P.S. Case No. 222 of 1990 by which the appellants, Sharavan Jamadar and Shivalak Jamadar have been convicted under Section 302 of the Penal Code and sentenced to undergo rigorous imprisonment for life and have, further, been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. However, it has been ordered that both the sentences shall run concurrently. Rest appellants, have been convicted under Sections 302/149 of the Penal Code and sentenced to undergo rigorous imprisonment for life. However, the appellants have, further, been convicted under Sections 147 and 148 of the Penal Code, but, there is no separate sentence in view of the fact that they have already been ordered for sentence for life imprisonment.

(2.) THE prosecution case that on 03.08.1990 at 06.00 A.M., the informant, Govardhan Paswan, (P.W. 6) was sitting at the darwaza of Chandradeep Yadav, a co -villager. He saw Mahendra Paswan coming from north after meeting the call of nature towards his house. At once, he saw 22 persons, named specifically with their (parentage, (1) Sharavan Jamadar, son of Shivnandan Jamadar, (2) Shivalak Jamadar, son of Bhikhari Jamadar, (3) Shree Jamadar, (4) Gudagi Jamadar, son of Rupan Jamadar, (5) Ram Pravesh Jamadar, son of Shree Jamadar, (6) Misri Jamadar, son of not known, (7) Sukhari Jamadar, son of Fagu Jamadar, (8) Gorakh Jamadar, son of Ramphal Jamadar, (9) Jagdish Jamadar, son of Ramphal Jamadar, (10) Gorakh Jamadar, son of Punna Jamadar, (11) Bulkan Jamadar, son of Pairan Jamadar, (12) Munni Jamadar, son of Bulkan Jamadar, (13) Chandrika Jamadar, son of Meghan Jamadar, (14) Chamaran Paswan, son of not known, (15) Chandrashekhar Jamadar, son of Horil Jamadar, (16) Binde Jamadar, son of Horil Jamadar, (17) Shyamdev Jamadar, son of Sukhari Jamadar, (18) Shivnandan Jamadar, son of Horil Jamadar, (19) Arvind Jamadar, son of Shivalak Jamadar, (20) Rajendra Jamdar, son of Vadi Jamadar, (21) Dev Nandan Jamadar, son of Varat Jamadar and (22) Ram Varat Jamadar, son of Sanichan Jamadar, variously armed with country made rifles, lathi, bhala, garasa came from the sugar cane field of Rajendra Yadav, which was at the north of the village. The 22 persons while coming out from the sugarcane field, shouted to kill Mahendra Paswan, he may not be escaped. On hearing the utterance, Mahendra Paswan started fleeing away towards the village. The 20 -22 persons started chasing Mahendra Paswan behind him from the north towards the village in south while chasing Mahendra Paswan surrounded him in gali to the west of the house of Rajendra Das. The accused persons surrounded Mahendra Paswan in the gali and then Sharavan Jamadar fired from the country made rifle, then, Mahendra Paswan, the brother of the informant fell down and, thereafter, Shivalak Jamadar fired from his country made rifle at Mahendra Paswan, thereafter, all the accused persons indiscriminately fired. Thereafter, Sharavan Jamadar said that Mahendra Paswan is dead, flee away, then, accused persons fled away. Dadu Paswan, Kapil Paswan, Ram Varan Paswan, Kiran Paswan and others collected, who have seen the occurrence.

(3.) THE investigating officer proceeded with the investigation and recorded the statements of the informant and inspected the place of occurrence. The investigating officer also prepared the map of the place of occurrence. As per the description of the place of occurrence there was a 3 1/2' wide gali (lane) to the west of the house of Rajendra Yadav and Chandradeep Das to the east of the room of Brahmdeo Thakur. The said lane is situated to the west of the house of Rajendra Yadav and east of the room of Brahmdeo Thakur, running north to south about 35' long. This gali (lane) is 15' long across the house of Chandradeep Das from the northern end and, thereafter, 20' long across western side of the house of Rajendra Yadav, which cover the total length of 35'. The room of Brahmdeo Thakur is in the north west part of gali and to the south of the said room, there is a sahan in which there was a punj of heap of straw on both the ends of the gali (lanes) there is rasta towards the west. After the house of Brahmdeo Thakur there was a house of Mahendra Paswan, the deceased. The exit of the house of Chandradeep Das is towards north and, further, from the north at the distance of forty yards, from the room of Brahmdeo Thakur there is house of Kamal Das and from the house of Kamal Das the sugar cane field from which accused came out and chased Mahendra Paswan is, further, about 400 yards north.