BRIJ MOHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Tuntun Jha in Criminal Appeal No. 632 of 1984 and appellant Brij Mohan Jha in Criminal Appeal No. 572 of 1984 have been convicted under Sections 302 and 302/114 of the Indian Penal Code respectively and sentenced to undergo rigorous imprisonment for life

(2.) P. W. 4 Arun Kumar Jha reported to the police that on 6-2-1982, a day before the occurrence, in the evening at Sutya Narain Puja at the residence of accused Brij Mohan Jha, the mother of Jageshwar Jha (victim) had gone to attend the Puja. A member of the family of Brij Mohan Jha however, called her a witch and asked her to go out. This caused an altercation and a Panchayati was convened to settle the matter in the following morning. Although others assembled, Brij Mohan Jha avoided appearing at the Panchayati. Jageshwar Jha went to ease himself and after casing at about 8 to 8-15 m. when he was returning, near the cattle-shed belonging to one Anirudh Jha, appellants Brij Mohan Jha and Tuntun Jha (his nephew) met him. Appellant Brij Mohan Jha said something to appellant Tuntun Jha and according to the prosecution, following the said talk, appellant Tuntun Jha took out a country-made pistol from his waist and fired at Jageshwar Jha hitting him on the chest. As a result of the said pistol injury Jageshwar Jha fell down and soon died.

(3.) P. W. 4 Arun Kumar Jha, who was also returning at that time from Dusadh Toli and was close to the place of the occurrence saw the appellants, appellant Brij Mohan Jha sayine something to appellant Tuntun Jha and appellant Tuntun Jha taking out the pistol from his waist and firing at Jageshwar Jha. After firing, appellant Tuntun Jha fled away towards the east. P. W. 4 and others chased him. Appellant Tuntun Jha threatened them but at the risk of life they caught him at some distance and snatched the pistol from his hand. P. W. 4 and others then returned with appellant Tuntun Jha to the village. In the way the Sub-Inspector of Police and constables met them and they handed over Tuntun Jha to them and then went to Kaluahi out-post. The officer-in-charge of Arer Police Station arrived at the said out-post and recorded the fardbeyan of P.W. 4. He took charge of appellant Tuntun Jha, seized the pistol and prepared a seizure list.