RAJ BALLABH BIND Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) All the five appeals arise out of a common judgment of conviction, dated 01.10.2013 and order of sentence, dated 03.10.2013, passed by the Additional Sessions Judge-II, Patna, in Sessions Trial No. 1007 of 2003, arising out of Dhanarua P.S. Case No. 105 of 2001.

(2.) By the aforesaid judgment, Appellant, Ramesh Bind @ Jogi, was convicted under Section 302 IPC and Section 27 of the Arms Act, whereas, the rest of the Appellants were convicted under Section 302/149 IPC. For the offence under Section 302 IPC, the Appellant Ramesh Bind @ Jogi was sentenced R.I. for life and a fine of Rs. 20,000/- and in default in payment of fine, further to undergo S.I. for 4 months. For the offence under Section 27 of the Arms Act, he was sentenced R.I. for 7 years with a fine of Rs. 5,000/- and in default in payment of fine, he was further to undergo S.I. for 1 month. The rest of the Appellants, for the offence under Section 302/149 IPC, was sentenced to life imprisonment with a fine of Rs. 5,000/- each and in default of payment of fine, further to undergo one month's S.I. However, in all the cases, the sentences were directed to be run concurrently.

(3.) The prosecution case, as set out in the fardbeyan of the informant, Akhilesh Bind (PW-8), is that on 11.07.2011 at about 04:00 p.m., the informant was on the roof of his house along with his children, Rita Kumari, aged about 13 years, (PW-5); Rinku Kumari, aged about 5 years (not examined); and Jitendra Kumar, aged about 11 years (not examined). His wife, deceased Lalti Devi, was sitting at the door of the house. At the relevant time, the accused persons named in the F.I.R, armed with riffle and guns, arrived and surrounded his house. Thereafter, Ramesh Bind, pointing his riffle at the head of his wife, asked her to call her husband and child, otherwise, he would kill her. Thereafter, the informant came down along with his children in the courtyard. In the meantime, Krishna Bind and Kamlesh Bind entered into the house. Krishna Bind, on the point of riffle, caught him as well as his children, whereas, Kamlesh Bind started looting household articles and lifted the box of his wife and began to move away. Thereupon, his wife obstructed Kamlesh Bind from taking the box, upon which, Gorakh Bind ordered that this woman would not relevant unless and until she is killed. Upon instigation of Gorakh Bind, Ramesh Bind fired at his wife with his riffle, which hit her left pakhura, on account of which, she fell at her darwaja. In the meantime, on hearing hulla, co-villagers, Ram Ishwar Bind (PW- 7), Mithilesh Bind (PW-1), Ram Babu Bind (PW-2), Mahendra Bind (PW-6), Shivendra Bind (not examined), Bimlesh Bind (PW-4) and others came there, by which time, the accused persons fled away. Thereafter, the informant along with others took his wife for treatment to Dhanarua Hospital, however, she died in the way. The cause of occurrence is the personal dispute between the informant and the accused persons, on account of which, they killed his wife.