AHIYAT ALIAS BUTU MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three Criminal Appeals have been filed against the judgment and order of 1st Additional Sessions Judge. Nalanda, dated 7th June 1985 in sessions trial No. 61 of 1979/41 of 1983 (State of Bihar v. Dhuri Dusadh and six others, where the arial Judge held the accused-appellants Dhuri Dusadh, Ahiyat @ Butu Mian, and Punjabi Dusadh guilty for the commission of offence of murder punishable under Section 302, I.P.C. and held the other accused-appellants Indar Dusadh, Mahendra Dusadh, Arjun Dusadh and Anandi Dusadh guilty for the commission of offence of murder punishable under Section 302 read with section 149, I.P.C. The Trial Judge awarded the sentence of life imprisonment to all these appellants.

(2.) The prosecution case is that the informant Ram Kishun Chaudhary P.W.6 had a field situate in the south-west of the village, and on 8th November, 1978 this Ram Kishun Chaudhary P.W. 6, his nephew Gariban Chaudhary P.W. 1, and his son Jagdish Chaudhary (deceased) along with two young daughters Sunita and Sumitra arrived at the field and planted potato seedlings in that field, and in the evening at 5.15 P.M or about before the sunset they were coming back empty handed to their house, and the two young daughters had already moved ahead with the remaining selings, basket and Kudal to arrive at the house, son Jagdish Chaudhary was a few steps ahead of this informant Ram Kishun Chaudhary and his nephew Gariban Chaudhary, and when they reached on the path passing through the Sahan in the east of the house of Sadashiv Dusadh, the accused Ahiyat @ Butu, Punjabi Dusadh and Indar Dusadh armed with chhuras along with other four accused Dhuri Dusadh, Mahendra Dusadh, Arjun Dusadh and Anandi Dusadh (unarmed) came out from the house of Sadashiv Dusadh and surrounded; this Informant Ram Kishun Chaudhary and his nephew Gariban Chaudhary managed and thus moved fifteen to twenty steps away to the west; and the son Jagdish Chaudhary was caught by all these accused appellants and was thrown on the ground; the accused Mahendra Dusadh, Arjun Dusadh, Dhuri Dusadh and Anandi Dusadh caught hold Jagdish and the accused Ahiyat @ Butu Mian and Punjabi Dusadh gave chhura blow on the neck and face of Jagdish Chaudhary, and the accused Indar Dusadh gave chhura blow on the stomach and the lower part of the body of Jagdish Chaudhary; this informant and his nephew Gariban Chaudhary raised alarm and Ram Chandra Chaudhary, Ram Prit P.W. 2, Naresh Yadav P.W. 3, Dhaula Devi P.W.4, Anandi and several other persons reached there and they themselves saw this occurrence.

(3.) Within five to six minutes these accused persons committed the murder of Jagdish Chaudhary and finding the arrival of the villagemen these accused persons fled away towards south. The dead-body of Jagdish Chaudhary was brought in front of the Darwaja of this Informant. The Informant along with one Gajo Yadav came to the area Police Station, Asthawan situated eight miles away catching hold of a Truck outside his village and lodged the report relating this occurrence at the Police Station in presence of the Police Station Officer Incharge Kashi Nath Thakur P.W. 8. The first information report prepared on the statement of this informant at the Police Station at 8 P.M. is exhibit-3 . The case No. 5 dated 8th November, 1978 was instituted, and Sri Kashi Nath Thakur left the Police Station at 9.30 P.M. and reached the place of occurrence at 11 P.M. to start the investigation in the case. The Investigation Officer found the dead-body of Jagdish Chaudhary kept in front of the Darwaja of the Informant. The Investigation Officer prepared the inquest report-Exhibit-4 relating this dead-body and with a challan lash forwarded the dead-body for post-mortem examination. As adequate light was not there in the night the Investigation Officer could not inspect the place where occurrence was committed. The investigation Officer visited the village next morning at 5 A.M. He inspected the site of the occurrence and found ample blood in the Sahan of the house of Sadashiv Dusadh. He collected the blood-stained mud and its seizure memo is Exhibit-5. The Investigation Officer found that these accused persons were living in the house situate twenty to thirty feet away from the house of Sadashiv Dusadh. The Investigation Officer found that the beaten path was going through the Sahan of the house of Sadashiv Dusadh and it connected the field of the informant where the Informant sowed the potato seedlings in the afternoon. The Investigation Officer found the house of the informant was sixty feet away from this Sahan of Sadashiv Dusadh and house of one Kishundhari intervened. The Investigation Officer found that stalks of maize etc. were stored on some parts of the Sahan and some blood drops were also there on that talk as well The Investigation Officer recorded the statement of Naresh Yadav, Ram Prit, Dhaula Devi, Sudamia Devi and others.