BUDHU TURIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order of conviction dated 22.12.1989 passed in Sessions Trial No. 365/86. Appellant Sukan Singh, Rambilash Kharwar, Parmeshwar Kharwar have been convicted for the offence under Section 302 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. The other appellants have been convicted for the offence under Section 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. All the appellants except Budhu Turia, Sudhu Turia and Ram Lal Kharwar have further been convicted for the offence under Section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for two years.

(2.) THE case of the prosecution as emerges from the fardbeyan (Ext -1) is that one Bala Singh Yadav gave his fardbeyan on 17.2.86 at about 12 noon at his village Bandha stating therein that on 16.2.86 at about 2 P.M. he alongwith Dhoni Yadav and Shankar Yadav were washing their she -buffalo in the Nala of Choldag jungle. The mother of Moti Yadav was also there. He saw 15 -16 persons in Khakhi dress armed with rifle and guns, who came and surrounded them. On enquiry they disclosed their address. One of the members of the party disclosed his name as Chamari Singh Kharwar. He expressed his desire to see his village Bandha. He asked as to why he wanted to go to his village Bandha. Chamari Singh Kharwar disclosed that there is dispute between Yadav and Choudhary and he wants to settle the dispute between them. They caught Ramraj and Sheo Kumar Yadav who were grazing their she -buffaloes in the nearby jungle. They proceeded towards the village and on the way they also caught Moti Yadav. They took all the persons towards South East of the village in the jungle. Chamari Singh Kharwar asked Ramraj Yadav, Sheo Kumar Yadav and Moti Yadav to sit there. One person armed with gun was sitting near them and two persons armed with gun were watching from some distance. Chamari Singh Kharwar took him with his party men two hundred yards East in the jungle. From there Chamari Singh Kharwar sent his two men to village Bandha Choudhary Tola. Chamari Singh Kharwar asked him as to why Ram Bachan Yadav is against Kharwar. He said that there was no dispute amongst them and he had not seen Ram Bachan Yadav. After some time two men of Chamari Singh Kharwar came from the village, with Sukan Singh, Lakshman Singh Kharwar, Parmeshwar Ram Lal Kharwar, Nawrang Kharwar, Budhu Turia, Sudha Turia, Lalkesh Turia, Chamari Singh Kharwar thereafter asked him to bring Chura and water from the village. He went to his village and informed about the incident to Siri Yadav but the villagers refused to give Chura and water. The grandmother of Sheokumar when learnt about the occurrence, she went at the place of occurrence and requested Chamari Singh Kharwar to release those persons. At about 4 P.M. he heard sound of four gun firings. He and villagers out of fear did not go to the place of occurrence but saw Chamari Singh Kharwar and his party -man going towards East in the jungle. Thereafter he went to the place of occurrence and saw Ramraj, Moti and Sheo Kumar dead. He alongwith the villagers brought three dead bodies in the angan of Siri Yadav, father of deceased Moti Yadav. Chamari Singh Kharwar killed the aforesaid three persons in collusion with the persons of his village.

(3.) ON the aforesaid fardbeyan, formal F.I.R. (Ext. 5) was drawn and after investigation charge -sheet was submitted against 24 persons showing 22 persons as absconders. After submission of charge -sheet ten accused persons out of absconders also surrendered/arrested. On receipt of charge -sheet in the court cognizance was taken and the case was committed to the Court of Sessions for trial.