SABA CHAUDHARY, GURBACHAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been heard together and are being disposed of by this common judgment because they arise out of same impugned judgment dated 25th of August, 2001 passed by learned 5th Additional Sessions Judge, Aurangabad in Sessions Trial No. 302/1998 and 20/2001 arising out of Barun P.S. Case No. 50 of 1998.

(2.) Both the appellants in Cri. Appeal No. 465 of 2001 namely, Saba Chaudhary alias Gurbachan Chaudhary and Ashok Chaudhary and the sole appellant in the other appeal, Arvind Chaudhary have been convicted under Sec. 302/34 of the IPC and sentenced to Rl for life and to pay fine of Rs. 5000/- each and in default to undergo further Rl for one year. The appellants, Saba Chaudhary and Ashok Chaudhary have been further convicted under Sec. 27(1) of the Arms Act and sentenced to Rl for three years. All the sentences are to run concurrently.

(3.) The informant of this case is Ram Suresh Chaudhary (PW-11), a brother of deceased Rameshwar Chaudhary @ Naresh Chaudhary. His fardbeyan was recorded in the P.O. village, Jaunpur on 7.3.1998 at 11:00 A.M. by Sub Inspector of Police, D. Sharma, (PW-14). The prosecution case in brief is that on the same date i.e. 7.3.1998 at about 6:00 A.M., the informant and his brother, Rameshwar Chaudhary @ Naresh Chaudhary started to go out of village for attending call of nature. They proceeded towards East for going to South. The deceased was about eight yards ahead of informant and behind the informant at about ten yards was his mother, Muneshwari Devi (PW-6). When they reached in front of house of Saba Chaudhary then Saba Chaudhary fired a shot with a country made pistol from East- South corner of his house which hit Rameshwar Choudhary on the chest who tried to turn around but at that time 2nd shot fired by Ashok Chaudhary, son of Saba Chaudhary with a country made pistol again hit him on the chest. Rameshwar Chaudhary turned towards West and at that time another shot fired by Saba Chaudhary hit him in the waist and he fell down. Thereafter, Arvind Chaudhary, another son of Saba Chaudhary inflicted indiscriminate chhura, blows which caused several cut injuries and the injured, Rameshwar Chaudhary @ Naresh Chaudhary died at the place of occurrence itself. The reason for the occurrence was alleged to be a land dispute leading to litigation in the Court because the prosecution party had obtained a settlement of three decimals of land from State and had built two rooms over that land. On the cries of the informant and his mother and on hearing the sound of firing several persons of the village assembled which included, Surendra Singh (PW-1), Birendra Singh, Vindhayachal Singh (PW-17).