BARHAN BHUIA, PRAGASH BHUIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whereas the two appellants along with one Shivnandan Bhuia were put on trial for offences under Section 302 read with 149 and 323 read with 34 I.P.C., Pragash Bhuia was further charged for an offence under Sec. 302 I.P.C. in connection with Sessions Trial No. 583/286 of 1990/90 arising out of Imamganj P.S. case No. 17/1987. However, during the pendency of the trial Shivnandan Bhuia was referred to the Mental Hospital at Kanke, Ranchi in his being found to be of unsound mind. By judgment and order dated 14th July, 1992, Sri Someshwar Nath Pathak, the then 8th Additional Sessions Judge, Gaya, convicted both the appellants for the offence under Section 304 Part II I.P.C. and sentenced each of them to undergo Rigorous Imprisonment for ten years.

(2.) One Munshi Bhuia, father of deceased, Kesho Bhuia, gave his fardbeyan at about 5.30 P.M. on 14.2.1987 at Imamganj State Dispensary, inter alia, stating that earlier that day at about 12 noon the informant along with his son, Kesho Bhuia, were irrigating their field in Marwa Bandh growing sugarcane crops when all of a sudden accused Pragash Bhuia, Shivnandan Bhuia, Kameshwar Bhuia, Tulsi Bhuia and Barhan Bhuia arrived and complained to the informant as to why he was using sorcery against the relations of the accused which resulted in exchange of hot words between the informant Munshi Bhuia and the accused persons. It is alleged that accused Shivnandan Bhuia gave a khanti blow on the head of the informant and accused Pragash Bhuia gave 3-4 lathi blows upon his son Kesho which resulted in the breakage of Kesho's tooth and he fell down. It is further alleged that Tulsi Bhuia assaulted the informant by means of lathi and Kameshwar showered lathi blows on Kesho. The cause of occurrence is said to be the fact that 3-4 days prior to the occurrence Barhan Bhuia was taken ill and the informant was alleged to have used sorcery causing illness of Barhan Bhuia which had led to an exchange of abuses from both sides and an altercation developed in the village which at the intervention of the villagers was pacified. It is said that injured Kesho Bhuia was carried to the Imamganj Hospital where he succumbed to his injury. On the basis of the aforesaid fardbeyan of Munshi Bhuia, Imamganj P.S. Case No. 17 of 1987 under Sections 147, 148, 149, 307, 324, 325 and 323 I.P.C. was registered to which Sec. 302 I.P.C. was added subsequently consequent to the death of Kesho Bhuia by order dated 27.2.1987.

(3.) After due investigation the police submitted a charge sheet against all 5 accused. During the pendency of the trial Tulsi Bhuia was reported to have expired in jail hospital and the proceeding so far as he is concerned was dropped. The other accused Kameshwar Bhuia was declared to be an absconder and his trial was separated since the other accused were in custody.