PRAKASH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four appellants have been convicted by the 2nd Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 123 of 1982, for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life for having committed murder of Birendra Thakur. They have also been found guilty for the offence under Section 307/34 I.P.C. but no separate sentence was awarded. However, all the appellants have been acquitted of the charges under Sections 147/148 I.P.C. Appellant Prakash Thakur has also been found guilty of the offence under Section 323 I.P.C. but there is no separate sentence.

(2.) The case of the prosecution, as per the statement of Amarnath Thakur (P.W. 11), before the ASI, at Sadar Hospital, Muzaffarpur, on 26-5-1981, was that on the same day, his elder brother Birendra Thakur (deceased) was washing his mouth and hand at a tubewell near his darwaza. The informant and his father Ragho Thakur were also sitting there. In the meantime, the accused persons, armed with Bhala, lathi and farsa and basula, attacked Birendra Thakur. It is alleged that appellant Prabhat Kumar Thakur attacked on the neck on account of which Birendra Thakur fell down. Thereafter, appellant Madho Thakur assaulted him with basula on the neck. When Ragho Thakur (P.W. 9) tried to save, on the order of accused Suresh Thakur, appellant Madho Thakur gave basuli blow on his back and appellant Prabhat Kumar Thakur gave a farsa blow on his shoulder and Suresh Thakur also assaulted with farsa. The informant, thereafter, raised alarm. When the informant started crying, appellant Prakash Thakur also assaulted with lathi. It was also claimed that Mahendra Thakur, Banshidhar Thakur and Umesh Thakur and many others had seen the occurrence. Thereafter, all the persons assembled there, carried the deceased Birendra Thakur and injured Ragho Thakur to hospital. In the fardbeyan it is also stated that about 1 1/2 months ago, the accused persons had assaulted the deceased Birendra and Ragho Thakur on account of which a criminal case was pending investigation. Therefore, on account of that enmity, such offence was committed by the accused persons.

(3.) The defence of the accused persons, as would appear from the statement of the appellants under Section 313 of the Code of Criminal Procedure and the trend of cross-examination, is denial about the manner of occurrence. According to them, in face accused Madho Thakur was taking bath an the well which was just near the tube-well. In the meantime, Ragho Thakur and his son Birendra Thakur (deceased) armed with farsa, Amar Nath Thakur with bhala and Sunil with lathi came there and started assaulting Madho Thakur, who on receiving several injuries, cried for help on which Suresh Thakur and Prakash Thakur arrived there. But they were also assaulted with bhala and farsa. All the three injured appellants were also admitted in the Sadar Hospital, Muzaffarpur and their statement was recorded by the Police on 27- 5-1981.