GANESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are thirteen appellants in this case. Appellant No. 1 ganesh Paswan has been convicted under section 436 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 1,000, in default, to undergo further rigorous imprisonment for two months. He has further been convicted under Sections 452,380,427, 147 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years under Section 452, three years under Section 380, two years under section 427, one year under Section 147 and four months under Section 323 of the Indian penal Code. Appellant No. 2 Rama paswan, appellant No. 3, Saujiwan Paswan, appellant No. 5, Nanhak Paswan, appellant no. 6 Ram Bali Mistri, appellant No. 8. Umesh Das, appellant No. 9, Sheoraj Das, appellant No. 10. Bhuneshwar Das, appellant No. 11 Ram Lekh Das and appellant no. 12, Karo Das have been convicted under Section 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years each. Further they have been convicted under Section 380 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years each. They have also been convicted under Section 427 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years each. They have further been also convicted under Sections 147 and 323/34 of the Indian Penal Code and each sentenced to undergo rigorous imprisonment for one year under Section 147 and rigorous imprisonment for three months under Section 323/34 of the Indian Penal code. Appellant No. 4, Tripit Paswan and appellant No. 7, Panna Lal Das have each been convicted under Sections 452,380,427, 147 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years under Section 452, three years under Section 380, two years under section 427, one year under Section 147 and four months under Section 323 of the indian Penal Code. Appellant No. 13, Sukhu paswan has peen convicted under Sections 436/109, 452, 380, 427, 147, 323 and 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years with a fine of Rs. 1,000 for the offence under Section 436/109 of the Indian Penal code. In default to undergo rigorous imprisonment for two months and further sentenced to undergo rigorous imprisonment for four years under Section 452, three years under Section 380, two years under Section 427, one year under Section 147, four months under Section 323 and simple imprisonment for fifteen days under Section 341 of the Indian Penal Code. However, the sentence have been ordered to run concurrently.

(2.) PROSECUTION case, in short, is that while the informant was standing at his house on 19. 3. 1986 at 5 p. m. all the appellants armed with weapons and gun came and started abusing and making search for the informant and the father of the informant. Appellant Ganesh Paswan caught hold of the informant and appellant Panna Lal Das and tripit started assaulting the informant by lathi and Shukhu Paswan assaulted the father of the informant by lathi and Shukhu paswan thereafter ordered to set the house on fire of the informant and on the command of Sukhu Pawan, Ganesh Paswan set on fire the dwelling house of the informant by a match box as a result of which the house burnt to ashes. Thereafter the accused persons also damaged the cow-shed of the informant and looted away some grains and also they took away wrist watch of the informant. The motive of the occurrence is said to be enmity between the parties due to partition of land. The fardbeyan of the informant was recorded by the Officer-in-Charge of Khizarsarai on 19. 3. 1986. On the basis of the fardbeyan, FIR was drawn up. The police took up investigation and after completion of the same submitted charge-sheet against the appellants. Accordingly cognizance was taken and the case was committed to the Court of Sessions for trial. The appellants pleaded not guilty and stated that they had been falsely implicated in this case due to enmity.

(3.) THE prosecution in support of its case examined altogether nine witnesses, PW1 is Kamlesh Paswan, PW2 is Ramchandra prasad, he is a formal witness who has proved the first information report, PW3 is jamuna Devi, she claimed to be an eyewitness of the case. PW4 is Jagdeo Paswan, pw5 is Chandrika Paswan, PW6 is Mithlesh paswan, informant of the case PW7 is kusumi Devi, PW8 is Lakshmi Das. He claimed to be the eyewitness of the case. PW 9 is Pachakauri Ram, IO of the case.