BUDH NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The aforesaid appeals preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C.") arise out of the same judgment of conviction and order of sentence dtd. 29/11/2017 and 7/12/2017 respectively, passed by the learned Court of Additional Sessions Judge, Fast Track Court No.-II, Madhepura in Sessions Trial No.123 of 2006 (arising out of Udakishunganj P.S. Case No.47 of 2005), hence these appeals have been heard together and are being disposed off by the present common judgment and order. By the said judgment dtd. 29/11/2017, the learned Trial Judge has convicted all the appellants of the aforesaid appeals under Sec. 302/34 of the Indian Penal Code (hereinafter referred to as the "I.P.C.") and the appellant no.2 of the first case, namely Mrityunjay Jha as also the sole appellant of the second case, namely Santosh Jha @ Santosh Kumar Jha have further been convicted under Sec. 323 of the I.P.C.. By the aforesaid order of sentence dtd. 7/12/2017, all the appellants have been sentenced to undergo Imprisonment for Life under Sec. 302/34 of the I.P.C. and as far as appellant no.2 of the first case and sole appellant of the second case are concerned, they have also been sentenced to undergo simple imprisonment for six months under Sec. 323 of the I.P.C.

(2.) The short facts of the case are that the fardbeyan of Sheela Devi (P.W.6), wife of the deceased Ugra Narayan Jha was recorded by the Assistant Sub-Inspector of Police Shri Umesh Chandra Prasad (P.W.7) on 8/5/2005 at about 02:15 p.m. in the afternoon at Primary Health Centre Udakishunganj. In her fardbeyan, the informant has stated that on 8/5/2005, at about 5 a.m. in the morning, her husband Ugra Narayan Jha was being abused by neighbours, namely (1) Tej Narayan Jha (2) Budh Narayan Jha (3) Mrityunjay Jha (4) Dheeraj Jha and (5) Santosh Kumar Jha, who were armed with lathi and garasa in their hand, whereafter her husband had objected to them abusing him, however in the meantime, Budh Narayan Jha and Mrityunjay Jha (appellants of the first case) started assaulting the deceased by lathi, resulting in the deceased sustaining injuries on his left temporal region and over the entire body, leading to him falling there. The informant had then gone there to resolve the dispute but Tej Narayan Jha, armed with lathi, had assaulted the informant on the wrist of her right hand leading to her sustaining serious injuries on her hand and thereafter blood started oozing out as also she sustained lathi injuries on her body. Thereafter, the son of the informant, Sanjeev Kumar Jha (P.W.3) had arrived there to resolve the dispute, whereupon Mrityunjay Jha (appellant no.2 of the first case) armed with garasa had assaulted him of his head, leading to him sustaining serious injuries and blood started oozing out therefrom. Santosh Jha had then assaulted Sunil by lathi resulting in him sustaining injuries on the thigh of his left leg as also on his left hand. The informant has further stated that the reason for the occurrence is that since before dispute is going on in connection with homestead land and on account of the same, they were assaulted and injured. She has also stated that hulla (alarm) was raised and then several people from the village had arrived there, whereupon the persons engaged in assaulting them had fled away and then with the help of the villagers they were taken for treatment by a Sumo vehicle to Udakishunganj Hospital where the treatment was being carried out. The informant has further stated that the aforesaid statement was read over to her, which she had heard and understood and finding the same to be correct, she had put her right thumb impression before the villagers.

(3.) On the basis of the aforesaid fardbeyan of the informant, formal First Information Report (hereinafter referred to as the "FIR") bearing Udakishunganj P.S. Case No.47 of 2005 was registered on 8/5/2005 at 02:30 p.m. under Ss. 147/148/149/341 /323/324/307 and 504 of the I.P.C. against the aforesaid appellants and one other accused namely Tej Narayan Jha, who has died during the pendency of the aforesaid appeals. Subsequently, vide order dtd. 20/5/2005, Sec. 302 of the I.P.C. was added on account of death of Ugra Narayan Jha. The Police, after investigation, had found the occurrence to be true and had filed chargesheet on 2/11/2005 against all the aforesaid appellants and one another person under Ss. 147/148/149/323/325/307/504 and 302 of the I.P.C. The Ld. Trial Court has then taken cognizance under Ss. 147/148/149/323/325/307/504 and 302 of the I.P.C. vide order dtd. 10/11/2005 and then the case was committed to the Court of Sessions vide order dtd. 12/6/2006 and was numbered as Sessions Trial No.123 of 2006. The learned Trial Court had then framed charges against the aforesaid appellants and one another person on 10/8/2006 under Ss. 302/34, 325 and 323 of the I.P.C.