STATE OF BIHAR Vs. BISHWA NATH KHAWARE

JUDGEMENT

(1.) This appeal by the State of Bihar is directed against the judgment dated 19.6.1992 passed by Sri B. K. Thakur, Sessions Judge, Bhagalour in Sessions Trial No. 260 of 1983 acquitting all the respondents of the charges levelled against them. There was one more respondent in this appeal, namely, Paras Nath Khaware who died during the pendency of the appeal and the appeal as against him has abated.

(2.) The prosecution case, as disclosed from the Fardbeyan (Ext. 4) of the informant Narendra Nath Khaware is that in the morning of 13.6.1982 at about 6.00 a.m. the informant along with his son Diwakar Khaware was getting his maize field situated adjacent east to his house, weeded out by the labourers when his own brother respondent Paras Nath Khaware (since dead) came and protested. In the meantime, respondent Bishwanath Khaware, son of Paras Nath Khaware and respondent Shrinath Khaware, the grand son of Paras Nath Khaware reached there and started abusing the labourers and drove them away. The informant told that the field belonged to him and why were they objecting. On this all the three respondents started pelting brick bats. They also retaliated in defence. Meanwhile the villagers came and intervened and the respondents went away. It is further alleged that the informant and his son Diwakar Khaware continued with the work in the field when at about 10.00 a.m. all the respondents armed with lathi. Garasa, Bhala, Pharsa, Tangi rushed towards them. Seeing them, out of fear, the informant and his son Diwakar Khaware fled and entered into the nearby house of one Ramdhani Jha and bolted themselves in a room. The main gate of the house, however, remained open. So, the respondents also entered inside the house of Ramdhani Jha and some of the respondents by breaking open the bolt (Hurka) of the room dragged them out in the Angan and respondent Bishwanath Khaware gave a bhala blow in the stomach of his son Diwakar Khaware. His son fell down. Respondent Paras Math Khaware then assaulted him with Pharsa on his head and other respondents assaulted him with weapons in their hands and Diwakar Khaware died there. It is also alleged that when the informant tried to save his son, respondent Mihir Jha with Pharsa, Saroj Jha and Shrinath Khaware with lathi assaulted him. He fell down there. It is also said that Ramdhani Jha. Basant Kumar Jha, Surendra Jha and Sachidanand Jha saved him.

(3.) Sri N.P. Singh, Assistant Sub Inspector of Police of Chandan police station then arrived at the house of Ramdhani Jha at village Baghmari and recorded the above Fardbeyan of Narendra Nath Khaware. On the basis of the above Fardbeyan, the formal F.I.R. (Ext. 5) was drawn up. The police after investigation submitted chargesheet against the respondents.