GULESHWAR PASBAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against judgment and order dated 27th january, 1988 passed by 10th Additional sessions Judge, Munger in Sessions Case no. 698/86 arising out of Barbigha P. S. Case no. 60/86, G. R. No. 160/86. By the said judgment, appellant No. 1-Guleshwar pasban has been convicted under S. 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life besides conviction under S. 148 with sentence of one year rigorous imprisonment. Appellant Nos. 2, 3, 5, 7, 9 and 12, Ishwar Pasban, Jugal Pasban, madan Pasban, Ramasis Pasban, bisheshwar Pasban and Nawal Pasban, respectively, have been convicted for the offences under Ss. 323 and 147 of the I. P. C. and sentenced to one year R. I. under each of the heads. Appellants Nos. 4, 6, 8, 11, 13, 14 and 15, Manik Pasban, Ram Briksha pasban alias Briksha Pasban, Issar Pasban, jai Pasban, Sheo Balak Pasban, Lakhan pasban and Anandi Pasban, respectively, have been convicted for the offence under s. 147 of the I. P. C. and sentenced to R. I. for one year. Appellant No. 10-Dhuri Pasban has been convicted under S. 148 of the I. P. C. and sentenced to one year R. I. The charge against the appellants under Ss. 302/149 and 307/34 of the I. P. C. has not been found established and they have been acquitted of both the charges.

(2.) KARYANAND Prasad (P. W. 7), who is the son of Gurusahai Mahto, the deceased, is the informant in this case. This case was lodged by recording of his fardbayan at the police station on 3-5-1986 at 15. 30 hours. According to the informant, on that date in the mid noon, the informant was sitting in his Bungla where his father was also sitting to have his lunch. At that time his brother arjun Prasad (P. W. 6) was operating a pumping set in the nearby to irrigate an onion field. A neighbour Ram Swarup Ravidas came and asked for water for some agricultural work. Arjun Prasad declined to provide him with water at that moment with assurance that water would be made available later. Near the Bungla some co-villagers of Dusadh caste were taking toddy. At about 14. 00 hours appellant No. 12-Nawal pasban came near Arjun Prasad and enquired why he had not provided water to ram Swarup Ravidas. While Arjun Prasad was in the process of replying. Nawal Pasban threw him down. The informant went to intervene and separated them. Soon thereafter appellant-Guleshwar Pasban with Khanti fitted lathi and other appellants also with various arms mostly lathi, except appellant no. 10-Dhuri Pasban, who had a farsa, came there. Immediately, oncoming Nawal Pasban gave blow to the informant with end of the lathi and all the accused persons started assaulting Arjun Prasad and the deceased. The deceased ran towards back side of bungla but he was chased by Guleshwar pasban and assaulted on head with Khanti fitted lathi and as a result, the father of the informant fell down. The lady members of his house and other co-villagers such as P. W. 1, P. W. 2 and P. W. 3 came running and saved the informant and others from further assault. The informant went near his father and found him dead. It was further alleged in the fardbeyan that 5 to 7 years earlier appellant No. 1-Guleshwar Pasban, on the occasion of marriage of his sister, had taken on loan one mound of paddy and one mound of rice with assurance to return but even on demand made till two days back he did not return the grains and in fact, had refused to return the same and had also abused the informant when he asked for the same. According to the informant, on the petty excuse of not providing water for irrigation, the accused persons had assaulted the informant and his family members and his father had been intentionally killed. The informant further disclosed that he could somehow manage to come to the police station whereas his other family members had been prevented from leaving the village. In the assault his sister Ramrati Devi (P. W. 4), brother Arjun Prasad (P. W. 6), Dashrath prasad (P. W. 3) and Phonu Mahto (P. W. 1)had also received injuries.

(3.) AFTER recording the police case its investigation was taken up by P. W. 10 Shyam kumar Singh. He prepared the inquest report, seized bloodstained Dhoti and some other clothes as well as blood-soaked earth for which he prepared a seizure list. He sent the dead body for post-mortem examination and obtained post-mortem report. He also prepared injury reports in respect of the injured and sent them to the Government hospital at Barbigha and obtained injury reports from the doctor. He recorded the evidence of witnesses in course of investigation and submitted charge-sheet. After cognizance and commitment of the case to the court of Session, charges were framed against the appellants to which they pleaded not guilty and have been convicted by the judgment and order under appeal, as already noticed.