SURESH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appellants have been convicted under section 307 of the Indian Penal Code (hereinafter referred to as the Code) and sentence to undergo imprisonment for life and further to pay a fine of Rs. 500, in default to suffer rigorous imprisonment for one year and the fine if realised to be paid to the victim i.e. (P.W. 3) Sheo Pujan Chaudhary. All the appellants have been further convicted under section 326 of the Code and sentenced to undergo rigorous imprisonment for ten years. It appears that these appellants alongwith another Mangal Chaudhary were tried and were also charged under section 364 of the Code, but Mangal Chaudhary, who is not an appellant has been acquitted of all the charges, whereas these appellants have also been acquitted for the offence under section 364 of the Code. At the very out set it may be mentioned that appellant No. 2 Siya Ram chaudhary and appellant No. 3 Ram Chandra Chaudhary are brothers, whereas appellant No. 1 Suresh Chaudhary is the son of appellant No. 3 (Ram Chandra Chaudhary). The victim of this case Sheo Pujan Chaudhary (P.W. 3) is the full brother of appellants Nos. 2 and 3. At this very stage it may also be stated that according to (Ext. 3) the F.I.R. case was instituted at Nokha Police Station on 22-4-1981 at 8.20 a.m. for an occurrence which took place on the same day at 7 a.m. at Village Ghatauna on the statement of one Ram Ekbal Chaudhary, the son of P.W. 11 the victim of this case). Although the F.I.R .of this case and signature of the informant have heed marked Exts. 4 and 3 respectively, the contents of this F.I.R. cannot be used in this case because the information Ram Ekbal Singh could not be examined in this case as a witness, since he died prior to the recording of evidence of witnesses. However, the prosecution case as disclosed from the evidence of (P.W 3) Sheo Pujan Chaudhary (victim of this case) appears to be that on the date of occurrence i.e. on 22-4-1981 at 7 a.m. Sheo Pujan Chaudhary (P.W. 3) was at his house when Gram Sevak Khelari Ram (P.W. 9) came to him to call him to attend a case at the place of Mukhia and Sarpanch at Mauja Ghatauna. He (P.W. 3) started from his house along with Khelari Ram, Gram Sevak (P.W. 9) and all soon as they reached near the house of Jugal Chaudhary, he (P.W. 3) saw Mangal Chaudhary (since acquitted) standing. Sahabuddin was also there. Mangal Chaudhary caught hold of him and he called the appellants. All the appellants came there empty handed and thereafter they threw P.W. 3 on the ground. P.W. 9 wanted to rescue him, but appellant Suresh Chaudhary gave a fist blow as a result of which he kept himself aloof. Thereafter, Mangal Chaudhary (since acquitted) and Gram Sevak (P.W. 9) went away. The female members of the house of P.W. 3 reached there and they tried to intervene and save P. W. 3 from being assaulted, but they were dragged by catching their hair. Thereafter, all the three appellants took (P.W. 3) Sheo Pujan Chaudhary (the victim) inside the Bailghara (place for trying cattle) the further case of the prosecution according to P.W 3 is that, thereafter appellant Ram Chandra Chaudhary sat on the chest of the victim and under his orders Suresh Chaudhary brought a Garasi and began to give Garasi blow on his legs. Appellant Suresh Chaudhary gave Garasi blows on both legs of (P.W. 3) Sheo Pujan Chaudhary. After giving Garasi blows on the legs of P.W. 3 Sheo Pujan Chaudhary and when the villagers began to assemble, the accused persons namely the appellants lifted the victim and threw him in the Gali (Lane). The female of the appellants washed the floor of the Bailghara by means of cow dung in order to conceal the blood stain.

(2.) The cause of this occurrence was that before the occurrence, the appellants and P.W. 3 (the victim) were chemical to each other and were also on litigating terms so much so that Title Suit proceeding under section 107 and proceedings under section 144 of the Code of Criminal Procedure were going on between them. It further appears from the materials on the record that P.W. 5 Ramayan Chaudhary, who has Mukhia of Bhaluahi Gram Panchayat was informed about this incident by the daughter of (P.W. 3) Sheo Pujan Chaudhary but the daughter of Sheo Pujan Chaudhary has not been examined. It further appears that he had sent the Gram Sevak i.e. (P.W 9) Khelari Ram, to called Sheo Pujan Chaudhary. Gram Sevak Khelari Ram (P.W. 9) returned back to Mukhia (P W. 5) at 8 a.m. and thereafter, Mukhia (P.W. 5) sent Laloo Ram (P.W. 6) along with Ram Ekbal to Nokha Police Station for giving information regarding this occurrence. The report of the Mukhia has been marked as Ext. 2. Consequently both of them went to Noha Police Station and the F.I.R. (Ext. 4) as referred to above was drawn up on the statement of Ram Ekbal as already stated.

(3.) P.W. 8 Damodar Prasad Sharma, who was then posted as Officer-in-charge of Nokha Police Station, after instituting the ease took up investigation and he examined Ram Ekbal Chaudhary and Dalpati Laloo Ram (P.W 6) on the same day i.e. on 22-4-1981 and went to the place of occurrence at 9.30 a.m. and inspected the same in presence of the informant i.e. Ram Ekbal Chaudhary. The place of occurrence was a Kachcha rood, which was passing through the middle of the village and was running East to West. There was also one lane, east of the house of Jugal Chaudhary running from south to north. The houses of the accused persons were in this very lane at a distance of 10 yards from the lane. The house of the informant was situated towards east of the same gate P.W. 8 the Investigating Officer found dragging marks right from the corner of the house of Jugal Chaudhary up to the darwaja of the appellants, which were clearly visible. He (P.W. 8) found Sheo Pujan Chaudhary lying in injured condition in front of Darwaja of appellant Suresh at distance of 3 steps. His both legs were cut and Sheo Pujan Chaudhary (P.W. 3) was restless. The female folks of the house of the victim were weeping and he found some villagers assembled there. The frame of the Darwaja of Suresh Chaudhary was found full of blood. P.W. 8 went inside the Bailghara of the appellant.