JIWAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the five appellants of this appeal, namely, Jiwan paswan Surendra Paswan, Nagina Paswan sitaram Rawani and Dhuri Paswan have been convicted by the judgment under appeal dated 19th December. 1987 passed by 8th Additional Sessions Judge, Patna in S. T. No. 86/86/5/87, for the offence under section 302/149 of the IPC and Section 27 of the Arms Act. By an order of the same date under challenge, they have been awarded life imprisonment for the offence under Section 302/149 IPC and RI for 7 years for the offence under Section 27 of the arms Act. Both the sentences are to run concurrently.

(2.) THE prosecution case, in brief, is that fardbeyan of PW 3, Kongress Beldar, was recorded by Officer Incharge of Khusrupur ps, SI Chandradeep Singh (PW4) on 11-6-1985 at 16. 00 hours at Baish Khanda, the alleged place of occurrence, disclosing that the informant is an artist of Deoki Natya Kala academy and at about 10. 00 a. m. he proceeded from his village to the village Chak singar along with other artists of the mandali, his co-villagers, Rajjan Beldar (deceased), Sugambar Rawani (PW1) and sukhdeo Ram (PW2) for performing dance on the basis of an agreement (Satta ). At about 1. 00 PM in the noon when they were at Haibatpur Baish Khanda at a distance of about 2 kms from village Haibatpur, which was a lonely place, suddenly from the North all the fire accused/appellants came. Appellants Jiwan Paswan and Surendra Paswan were armed with country made rifle, Nagina paswan was armed with a gun, Sitaram rawani was armed with a pistol and appellant Dhuri Paswan had a rifle in his hands. There were 2-3 unknown persons with them. They all came running and on threat forced them to stop. Dhuri Paswan caught the deceased, Rajjan Beldar and threw him on the ground. Jiwan Paswan shot him with his rifle in the abdomen. Dhuri Paswan shot him with his rifle on the head and Surendra paswan shot him with his rifle below the neck. Rajjan Beldar died instantaneously. The accused persons threatened the informant and his companion not to disclose the occurrence to anybody and fled away towards West-South while firing. The reason for the occurrence was said to be an occurrence which had taken place a month earlier in which on account of dispute over fishing, an altercation had taken place resulting into firing in which an old lady, a Gotia of the accused persons, had died. For that, the accused persons had lodged a case at chandi police station in which the deceased, rajjan Beldar was an accused. He had been released on bail in that case and had come back to his village about 10-15 days earlier. On account of that enmity, the accused persons had committed the murder.

(3.) ON the basis of aforesaid Fardbeyan of PW 3, police instituted Fatuah (Khusrupur) PS Case No. 217/85 dated 11-6-1985. The formal FIR had been drawn up at 6. 00 PM. The FIR (Ext. 5) shows that it was dispatched from the Police Station on 12-6-1985 but was seen by the learned magistrate on 13-6-1985. After investigation, police found the case true and submitted charge-sheet whereupon cognizance was taken and the case was committed to the court of Session. Charges were framed against all the five appellants under Section 302/149 of the IPC and Section 27 of the arms Act. The accused appellants pleaded not guilty to the charges. Their defence is denial of the entire allegation and a plea that they have been falsely implicated due to previous enmity. After trial, they have been convicted and sentenced as noticed earlier.