BABAN RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction dated 25.04.1992 and order of sentence dated 27.04.1992, passed by Sri Ram Nath, Ist Additional Sessions Judge, Rohtas at Sasaram, in Sessions Trial No. 273/9 of 1989/1990, by which all the five appellants, namely, Baban Ram @ Baban Dusadh @ Bababan Dusadh, Ram Nath Sah @ Ram Nath Kanu, Suresh Kanu @ Suresh Sah, Krishna Koiri and Babu Ram @ Babu Ram Dusadh were found guilty of committing the offence under Sections 302/149 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for life, whereas the appellant No. 1 Baban Ram @ Baban Dusadh @ Bababan Dusadh, appellant No. 3 Suresh Kanu @ Suresh Sah and appellant No. 5 Babu Ram @ Babu Ram Dusadh were also found guilty of committing the offence under Sec. 27 of the Arms Act and were sentenced to suffer further rigorous imprisonment for one year. The sentences are directed to run concurrently.

(2.) Out of the aforesaid five appellants, appellant No. 2 Ram Nath Sah @ Ram Nath Kanu and appellant No. 5 Babu Ram @ Babu Ram Dusadh died during pendency of the present appeal. Hence, the appeal in so far as they are concerned were treated as abated vide orders dated 10.12.2014 and 30.01.2015 respectively passed by this Court.

(3.) The prosecution case, as per the fardbeyan of the informant Rameshwar Singh (P.W.7) recorded on 18.12.1988 at about 8.45 p.m. at Village-Parariya, P.S. Dinara, District-Rohtas, by Sri S.P. Singh, the Officer-in-charge of Dinara Police Station, is to the effect that on 18.12.1988 at 3.30 p.m. P.W. 7 and his brother Kesho Singh, were present at their home and in the meanwhile, P.W. 7 heard the sound of gun firing towards south west corner of the village and some body also told him that some miscreants have encircled his brother Banshidhar, and were trying to kill him. Thereupon P.W. 7 and his brother Kesho Singh are said to have run towards the place of occurrence (P.O.) and found that his brother Banshidhar was running towards the barn of one Baliram Singh from his own barn and that the accused Hirdayanand Sharma armed with D.B.B.L. gun, Suresh Kanu with rifle, Baburam Dusadh with D.B.B.L. gun, Kanhaiya Koiri empty handed, Jagdish Sharma with rifle, Baban Dusadh with D.B.B.L. gun, Naga Teli with rifle, Ramnath Kanu and 2-3 unknown were chasing and firing on his brother. He said that Hirdayanand Sharma fired at the head of Banshidhar due to which fell down in a ditch in the northern side of the barn of Baliram Singh. In the meanwhile, the accused Suresh Kanu is said to have fired on him and his brother Kesho Singh, with an intention to kill them, but he ran away and hidden and the accused persons started searching them, but went away towards the northern side of the village. In the meanwhile, he is said to have gone to his brother Banshidhar but found him dead due to gun shot injury. P.W. 7 further stated that the lady inmates also told him that the miscreants went to their home in a search of him and his brother Kesho Singh, and they have stolen away their clothes, ornaments etc., from the house. The reason for this incident stated by P.W. 7 is that one year ago, the police made a raid and chased the accused persons up to the village Hasnadih and the accused Hirdyanand Sharma was giving shelter or harbouring the aforesaid miscreants in his house and this was protested by him and his brothers, and thereupon the accused Hirdayanand Sharma managed a gang of the miscreants and killed his brother.