BABULAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are three appellants in each of these two appeals which are directed against a common judgment and order dated 18.12.1987 passed by learned 4th Additional District and Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 1467 of 1979 whereby they have been convicted for the offence u/s. 302 read with Sec. 34 of the Indian Penal Code and awarded life imprisonment. Both the appeals have been heard together and shall be governed by this common judgment.

(2.) ACCORDING to the Fardbeyan of P.W. 2. Dhaneshar Raw, recorded at the Mohania police station on 21/22.8.1978 at about 8.45 A.M. the prosecution case in brief is that in the previous night the informant and his son Mosafir Chamar (the deceased) and his cousin Bhukhan Ram (P.W. 4) had slept in the Khalihan which is east of Darwaja of the informant. At about 2 in the night a very light shower took place due to which his sleep was disturbed. He asked his son Mosafir who was sleeping nearby to collect small and crushed straw (Pautta). When Mosafir was still on the cot in sleeping posture the accused persons namely one Baijnath Chamar (absconder), Jokhan Chamar (absconder) who were armed with Daab and the six appellants out of whom Narsingh Ram and Babu Lal Chamar were having pistol and Bidesi Chamar was having Bhala came and surrounded them. Mosafir Chamar (deceased) was overpowered on the cot. Ram Krit Chamar got upon his legs, Hirday got on his chest, Ram Jee pressed his hands Jokhan caught the head and Baijnath cut the neck with Daab and as a result Mosafir died. The other accused Narsingh, Babulal and Bidesi kept on threatening the informant that he would also be killed and therefore the informant did not interfere. All the miscreants went away after committing murder. On hulla witnesses Ram Eqbal, Shiv etc. came running. The occurrence was also seen by brother of the informant Bhukhan Ram (P.W. 4). The reason for the occurrence as disclosed is that one Juit Chamar was accused in a murder case and was apprehended by the local police recently. The accused persons belonged to his gang. They suspected that Juit Chamar was apprehended on the information furnished by Mosafir (deceased).

(3.) THE defence of the accused persons is that they have been falsely implicated on account of enmity. Two defence witnesses Shankar Dayal Lal, a compounder (D.W. 1) and Dr. Ram Pyare (D. W. 2) have been examined to support the plea of alibi raised by appellant no. 2, Narsingh Ram.