MOHIT PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred by aforesaid two appellants against judgment of their conviction dated 13-01-2012 passed by learned Additional Sessions Judge, Fast Track Court III, Madhubani (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 462 of 2007. By the said judgment, appellants have been held guilty and convicted under Section 302 read with Section 149 of the Indian Penal Code and they have been sentenced by order dated 17-01-2012 to undergo rigorous imprisonment for life and fine of Rs. 10,000/- (ten thousand) each and in default, they have further been directed to undergo rigorous imprisonment for two years.

(2.) Short fact of the case is that on 24-10-2006 at 7:05 A.M. (morning), the Assistant Sub-Inspector of Police Suresh Prasad Sah of Police Station Ghoghardiha recorded fardbeyan of Prem Kumar Jha in the clinic of Dr. Gopal Chandra Jha at Ghoghardiha Bazar. In the fardbeyan, the informant (P.W.9) stated that in the preceding night, he alongwith Anil Kumar Jha (deceased), Santosh Kumar Jha (P.W.5) and Manchan Jha (P.W.7) on the eve of Kali Puja had come to Ghoghardiha to witness an orchestra programme. At 3:00 in the morning on the same date, informant alongwith Anil Kumar Jha (deceased) came to station chowk for taking tea. While, they were sipping tea, villagers of Brahmotra village namely (1) Mohit Paswan (appellant no. 1), (2) Rohit Paswan (appellant no. 2), (3) Mithilesh Paswan S/o Gujar Paswan, (4) Anil Paswan, (5) Mithilesh Paswan S/o Gangai Paswan and (6) Binod Paswan, all started abusing him (Anil Jha) without any reason. The informant tried to stop them. In the meanwhile, the appellant no. 1 Mohit Paswan and appellant no. 2 Rohit Paswan, both sons of Debdat Paswan, with intent to kill, gave lathi blow on Anil Kumar Jha (deceased) and also on him. It was alleged that both accused persons indiscriminately gave number of lathi blow, in which, both i.e. informant and Anil Kumar Jha (deceased) received head injury and other injuries. Anil Kumar Jha had got serious injuries than the informant in the occurrence. It was further alleged by the informant that the accused persons were also using fist and leg. Thereafter, number of persons arrived there. The informant further stated that even in injured condition, he caught hold of both the appellants, however; in the meanwhile, other accused persons, after snatching golden chain from the neck of Anil Kumar Jha (deceased), fled away. The informant and Anil Kumar Jha thereafter were carried to a private clinic of Dr. Gopal Chandra Jha (P.W.10). The informant disclosed that both injured were carried to the clinic of Dr. Gopal Chandra Jha with the help of police and other villagers. Due to said injury, Anil Kumar Jha had come to the stage of unconsciousness.

(3.) On the basis of fardbeyan of the informant, on the same date i.e. on 24-10-2006 at 10:00 A.M., a formal F.I.R., vide Phulparas (Ghoghardiha) P.S. Case No. 200 of 2006, was registered for offence under Sections 147, 148, 323, 379, 307, 504 of the Indian Penal Code against those named accused persons, which include the name of aforesaid two appellants.