STATE OF BIHAR Vs. RAM KUNWAR SINGH

JUDGEMENT

(1.) This Government Appeal, Criminal Appeal and Criminal Revision arise out of Judgment/Order dated 18/19.01.1993 passed by the 1st Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 370/1 of 1985/86 whereunder the sole appellant has been convicted for the offence under Sections 302 of the Indian Penal Code, 27 of the Arms Act and sentenced to suffer rigorous imprisonment for life, one year under both the counts with further direction that the sentences shall run concurrently. The other seven accused persons put on trial along with the appellant have, however, been acquitted of the charge under Sections 302/149 of the Indian Penal Code.

(2.) Prosecution case as set out in the fardbeyan of Ram Bharosa Mahto, since deceased recorded by S.I. J. Singh of Sasaram (Muffasil) Police Station at Sadar Hospital Sasaram on 30.10.1983 at 19.30 hours is that co-villager of the informant Ram Parvesh Mahto, Megha Mahto and Raj Nath Mahto armed with gun, Gandasa, Spear respectively entered his house at about 4.30 P.M. others namely Kameshwar Mahto, Bindeshwar Mahto, Ram Krit Mahto and Gulab Chand Mahto armed with lathi remained outside. Megha Mahto exhorted his companion to kill the informant as he was litigating with them for the last twenty years. Ram Parvesh Mahto shot Ram Bharosa Mahto from his licenced single barrel gun causing injury in his abdomen which led to his fall. In the fardbeyan it is further stated that at the time of occurrence brother of the informant Ramasis Mahto as also his son Janeshwar Mahto and wife Taramuni Devi were present in the courtyard. In the concluding portion of the fardbeyan, informant also indicated the motive i.e., pendency of dispute between the parties for 11 Bighas of land for the last 20 years. He also stated in the fardbeyan that the contents of the fardbeyan was read over to him in presence of his brother Ramasis Mahto and having found the same correct, put his left thumb impression over the fardbeyan. Brother of the informant Ramasis Mahto also put his signature over the fardbeyan as an attesting witness. S.I., J. Singh having recorded the fardbeyan forwarded the same to the Officer-in-Charge Sheosagar police station to institute a case under Sections 147/148/149/452/307 of the Indian Penal Code and 27 of the Arms Act as the place of occurrence was within his jurisdiction. Officer-in-Charge Sheosagar police station Sri Syed Ali Kamber after receipt of the fardbeyan registered Sheosagar P.S. Case No. 124 of 1983 dated 31.10.1983 under Sections 147/148/149/324/307/452 of the Indian Penal Code and 27 of the Arms Act and took up its investigation. The F.I.R. was dispatched from Sheosagar police station on 31.10.1983 but received by the C.J.M. Sasaram on 01.11.1983. In the light of Fardbeyan/F.I.R. the Investigating Officer of the case proceeded with the investigation and recorded further statement of the informant as also the statement of his brother Ramasis Mahto and son Janeshwar Mahto. The injured Ram Bharosa Mahto was transferred from Sadar Hospital Sasaram to Shiv Prasad Gupta Hospital, Varanasi on 30.10.1983 where he was admitted as an indoor patient and was operated upon in the hospital. During further treatment in the same hospital Ram Bharosa Mahto died on 08.11.1983 at 6.15 P.M., his postmortem was also conducted in the same hospital on 09.11.1983 vide postmortem report (Exhibit-1). In the light of the fardbeyan, further statement of Ram Bharosa Mahto informant police statement of Ramasis Mahto, his brother Janeshwar Mahto son and wife Taramuni Devi, the contents of postmortem report, Investigating Officer submitted chargesheet against the appellant and seven others on the basis of which cognizance was taken. After supply of the police papers case was committed to the Court of Sessions. Charges were framed against all the eight accused persons under order dated 20.08.1991 to which the eight accused persons pleaded not guilty and claimed to be tried.

(3.) In support of the charges prosecution examined as many as 15 witnesses out of whom P.W. 1 to 6 are the covillagers of the informant-deceased, have deposed in Court that they came to the place of occurrence soon after the occurrence and learnt about the occurrence from the informant and his family members. P.W. 2, 3 and 6 are also the co-villagers of the informant-deceased and have been tendered. P.W. 1, Sri Bhagwan Singh, P.W. 2 Tilak Dhari Singh, P.W. 3 Bikarma Singh, P.W. 4 Ram Awtar Mahto, P.W. 5 Jamuna Singh and P.W. 6 Jagarnath Mahto are the co-villagers of the informant who came to the house of the informant soon after the occurrence and has learnt about the occurrence including the name of the assailants from the informant, his brother and son named in the fardbeyan as the one who were present in the courtyard at the time of occurrence. P.W. 7 Madan Kahar is also a eye witness of the occurrence who was present in the courtyard itself at the time of occurrence as he is said to have been feeding the cattle in the courtyard at the time of occurrence. P.W. 8 Ramasis Mahto is the brother of the informant and named in the F.I.R. as the one who was present at the time of occurrence in the courtyard. P.W. 9 Taramuni Devi is the wife of the informant and is said to have been present in the courtyard at the time of occurrence but has been tendered. P.W. 10 Janeshwar Mahto is the son of the informant and the deceased is also named in the Fardbeyan as eye witnesses of the occurrence. P.W. 11 Dr. Anil Kumar Rastogi is the autopsy surgeon serving in the Varanasi Hospital who conducted postmortem. P.W. 12 Syed Ali Kamber is the Investigating Officer of the case. P.W. 13 Dr. Sidha Gopal also served in the Shiv Prasad Gupta Varanasi hospital and treated the informant-deceased on 30.10.1983 after he was transferred from Sasaram Hospital to Shiv Prasad Gupta, Hospital Varanasi for better treatment. P.W. 14 Ram Chandra Pandey is the employee of the Shiv Prasad Gupta Hospital who has brought the hospital register to the Civil Court and proved the same. P.W. 15 Jitendra Prasad Singh is a advocate clerk of Sasaram Civil Court and has proved the inquest report of the deceased drawn by the Police Officer in Shiv Prasad Gupta Hospital, Varanasi.