BINDESHWAR KAPAR @ BIGU KAPAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 30.05.2002 passed by the Fast Track Court-I, Sitamarhi in Sessions Trial No. 74 of 1998 / 26 of 2001 arising out of Sitamarhi P.S. Case No. 191 of 1996, whereby the learned trial court convicted Bindeshwar Kapar @ Bigu Kapar, Sri Naraian Kapar and Rampat Mahto for the offence punishable under Section 304 Part-II of the Indian Penal Code and sentenced them to undergo R.I. for ten years each under the said Section.

(3.) The factual matrix of the case is that Sitamarhi P.S. Case no. 191 of 1996 was instituted under Section 302/34 of the Indian Penal Code against the accused persons, namely, Bindeshwar Kapar @ Bigu Kapar, Sri Naraian Kapar and Rampat Mahto on the basis of the fardbeyan of Sanjhariya Devi, Wife of Late Bhola Ram, Resident of Village-Maniari, P.S. + District- Sitamarhi recorded by S.I. Uttam Singh of P.S. Sitamarhi on 16.07.1996 at 07:00 hrs at village Maniari with the allegation in succinct that her son Ram Babu Ram used to work as a ploughman of Bindeshwar Kapar. The said Bindeshwar Kapar @ Bigu Kapar used to pay less wages to him that is why he left ploughing his field 8 days prior to the occurrence. Bindeshwar Kapar and his son Shri Naraian Kapar had entered into quarrel with him and extended threatening over the same. Further allegation is that in the past night at 10-11 PM, the bull of Bigu Kapar was untied, her son caught hold the said bull to tie the bull in the peg of Bigu Kapar. In the meantime, Bigu Kapar and his son Shri Narain Kapar made halla that some thief is untying his bull and started assaulting him. Rampat Mahto also arrived there and all the accused persons brutally assaulted him. In the meantime, 100 of villagers congregated there and all of them assaulted her son by means of leg, fist and brickbat etc. and made him injured and he succumbed to his injury. Rampat Mahto also lodged a false case of theft against him. She and her daughter-in-law rushed in his rescue, but in vain. It is claimed by the informant that Bigu Kapar and his son Shri Naraian Kapar and Rampat Mahto along with the villagers thrashed her son to death by assaulting him by means of lathi, danda and leg over the previous animosity.