MAHABIR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Mahabir Pd. Akela in Cr. Appeal No. 580/82, appellant Pappu Agrawal in Cr. Appeal No. 582/82, appellants Binay Singh and Balkesh Singh in Cr. Appeal No. 657/82 and appellants Bishwanath Sah and Jai Govind Koeri in Cr. Appeal No. 658/82 have been convicted under Ss.302/140, 302/34 and 302/120B of the I.P.C. and under each count they have been sentenced to rigorous imprisonment for life. Appellants Pappu Agrawal, Binay Singh and Balkesh Singh have further been convicted u/s.27 Arms Act and awarded seven years rigorous imprisonment each. Appellant Binay Singh has further been convicted under S.323 of the Indian Penal Code (shortly put as I.P.C.) and awarded one year rigorous imprisonment. Accused Akhileshwar Singh, Krishna Prasad Keshri and Rajendra Singh have been acquitted by the trial court. Another accused was absconding so his trial was separated vide order dt. 31st July, 1980, in S.R. 907/79 . (Trial 859/80).

(2.) Since all the four appeals have arisen from the same judgment they have been heard together and they are being disposed of by a common judgment.

(3.) The prosecution case, in short, is that in the night of 24/25th June, 1979 while the informant Kamta Tiwary (P.W.9) was sleeping in his baithaka in village Rajwaria Kalan, police station Nabinagar district Aurangabad, he heard the sound of firing at about 2.30 A.M. and thereafter he went to the darwaza of Sheokumar Tiwary (one of the deceased) where there was electric light. In the said light P.W. 9 saw four persons armed with gun and chhura standing outside the darwaza of Sheokumar Tiwary. In the verandah of Sheo Kumar Tiwary, the informant saw accused Govind Koeri and Bishwanath Sao killing Akhlesh Tiwary by means of Chhura by putting him down near the darwaza of the verandah. The informant in order to save Akhlesh Tiwary wanted to go to the verandah, but he was caught by some unknown persons. The informant entreated with folded hands to the four persons to allow him to go and also fell down on their feet and begged for the life of Akhlesh, but he was not allowed to go. In the meantime, he saw appellants Binay Singh, Akhileshwar Singh, Balkesh Singh and Pappu Agrawal coming out with guns from the room of Sheokumar Tiwary. The mother of Sheo Kumar Tiwary also came and she fell on Akhlesh Tiwary in order to save him. Mithilesh Tiwary (P.W. 6) who was sleeping in the said verandah, woke up and sat down and he was assaulted by Binay Singh by the butt of the gun. Appellant Pappu Agrawal pointed his gun towards the informant, but the unknown persons caught hold of the informant and asked Pappu Agrawal not to kill him, as he was an old man. In the meantime Balkesh Singh asked his companions to leave the place saying that the order of Akelaji (appellant Mahabir Pd. Akela) had been complied with and the work had been done. The accused ran away towards the north-east. P.W. 9 found Akhlesh Tiwary lying in pool of blood in the verandah and Sheokumar Tiwary in the pool of blood on the cot in the room. He also found the broken portion of the country made gun lying in the verandah.