MITHU PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have been convicted under Section 302/149 of the Indian Penal Code for the murder of Ramdhari Singh and sentenced to rigorous imprisonment for life each. They have been convicted again under Section 302/149 of the Indian Penal Code for the murder of Ramswarup Singh and sentenced to rigorous imprisonment for life each Appellants Mathu Pandey alias Maiukdhari Pandey Chandradeo Pandey Kundal Pandey Davanand Pandey. Nasir Main and Muneshardhar Dubey alias Butan Dubey have been convicted under Section 148, Indian Penal Code, and sentenced to rigorous imprisonment for one year each. The remaining appellants Bife Bhogta, Thegu Bhogta, Nageshwardhar Dubey and Uma-shankar Dhar Dubey have been convicted under Section 147, Indian Penal Code, and sentenced to rigorous imprisonment for 6 months each. Appellants Bife Bhogta and Thegu Bhogta have been further convicted under Section 323, I. P. C. and sentenced to rigorous imprisonment for 6 months each. The sentences of each appellant are to run concurrently

(2.) The case of the prosecution was that village Phatpani also known as Goniyari Kala, was within Nagaruntari estate belonging to Bhaiya Rudra Pratap Deo and there were bakasht and ghairmazrua lands in village Phatpani. There were a number of mahua trees on those lands. Bhaiya Rudra Pratap Deo (hereinafter to be referred as former Bhaiya Saheb for the sake of brevity) died on 30-9-1945. After his death, his son Bhaiya Ramanuj Pratap Deo became the proprietor and he will be referred to hereinafter as present Bhaiya Saheb for the sake of brevity. It was alleged that the present Bhaiya Saheb was in khas possession of the bakasht lands and the mahua trees in the year 1962 and on 104-1962 at 3 p. m. Bindeshwari Singh. an employee of the present Bhaiya saheb, was getting mahua fruits collected on behalf of the proprietor in the field known as Barmania field in village Phatpaui. This field was in the north-estern side of that village. Dhaneshwari, Deokalia and Dewal Mahto (P Ws 1, 2 and 3) were collecting rnahua at that place. At another place on the same field and at the same time. Rajmatia, Udal Singh. Border Singh. Meglum Chamar, Ram Dihal Kharwar, Ram Toral Kharwar. Manan Singh and Jhagar Kharwar (P Ws 4, 6, 7, 8, 9, 10, 11 and 13) also were collecting mahua fruits on behalf of the proprietor Ramswarup Singh and Ramdhari Singh. employees of the present Bhaiya Saheb were supervising the collection of mahua fruits Bindeshwari Singh (P W 33) heard a noise coming from the south-western side to the effect "run. run. we are being killed." He and Dewal Mahto rushed in that direction and he noticed that these appellants had surrounded Ramswarup Singh and Ramdhari Singh and were assaulting them with bhalas. garassas and lathis Dewal Mahto requested the appellants not to assault Ramdhari and Ramswarup but Bife Bhogta and Thegu Bhogta assaulted him as well with lathis. Mathu Pandey Kundal Pandey and Muneshardhar Dubey were armed with garassas. Chandradeo Pandey Dayanand Pandey and Nasit Mian were armed with bhalas whereas the remaining appellants were armed with lathis. Ramswarup Singh and Ramdhari Singh fell down and then the appellants fled away Ramdhari Singh died on the spot whereas Ram Swarup Singh was gasping for breath RamSwarup Singh was carried to the house of Butan Singh for being taken to the hospital but meanwhile he also expired Karorpati Shukla (P. W 29) another employee of the proprietor, also arrived at the time of the occurrence. The cause of the dispute was that Chandradeo Pandey (appellant No. 2) was litigating with the present Bhaiya Saheb for some years and he wanted to take possession of the lands of Bhaiya Saheb by force. Village Phatpani was at a distance of 14 miles from police station Nagaruntari. Bindeshwari Sinha (P. W. 33) lodged a first information report (Ext. 17) at 8 p. m. on 10-4-1962 in police station Nagaruntari against the 10 appellants and it was recorded by Gaya Prasad Singh, Officer-in charge (P. W 35). Appellants 1 to 7 were residing in village Phatpani. but appellants 8 9 and 10 were residents of village Achla Nawadih Police station Garhwa.

(3.) Gaya Prasad Sinha (P. W. 35) look up the investigation and reached the place of occurrence at 6 a. m. on 11-4-1962. He found the dead body of Ramadhari Singh lying there and he held an inquest and prepared a report (Ex. 18). He found blood marks on the ground at two places and there was a pair of blood-stained canvass shoes. He further found a broken portion of a bhala, a portion of another bhala, one lathi and two pieces of another lathi. He took charge of these articles. He then went to the house of Butan Singh (P W 22) and noticed the dead body of Ramswarup Singh lying there. He prepared another inquest report (Ext 18/1) He sent those two dead bodies to Garhwa Hospital through constable Chand Govind Singh (P. W. 24) for post-mortem examination. He found that the place of occurrence lay in village Phatpani and that place was in the eastern side of that village. He noticed two palas trees to the north of the place where the dead body of Ramdhari was lying There was a mahua tree to the north of that dead body There was another mahua tree to the west of that dead body. The place where the dead body of Ramdhari was lying was a fallow land. According to P W 35. the plot number of the fallow land was 1308 of khata No. 92. but subsequently the place of occurrence was inspected and measured by Bashir Ahmad and Ramnarain Sah (P Ws 26 and 28) and they found that the occurrence look place in plot No 1311 of khata No 3 in village Phatpani The investigating officer (P W 35) found footprints of many persons at the place of occurrence. The nearest house to the place of occurrence was at a distance of 500 yards. He examined some witnesses in course of the investigation and made over charge of this case to another officer S.P. Singh (P W 31) on 5-5-1962. It appears, however, that P. W 35 again took charge of this case from P W 31 on 5-8-1962 and ultimately he submitted chargesheet against the appellants. He had investigated the counter case as well started on the first information report (Ext 17/1) of Mathu Pandey (appellant No 1) drawn up at 9 a.m on 14-4-1962 against Bindeshwari Singh (P W 33) and some other prosecution witnesses of the present case hut he submitted a final report in that case.