PULKIT PURBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is the criminal appeal against the judgment and order dated 29th February, 1988, whereby 3rd Additional Sessions Judge, Madhubani in Sessions trial No. 64/115 of 1980/83 held these accused-appellants guilty for the commission of the offence punishable under Sections 147 and 307 read with Section 149 IPC; and awarded the sentence to undergo rigorous imprisonment for one year and for seven years respectively. Further the trial Court held the accused-appellant Jagdish Purbey guilty for the commission of the offence under Section 379 IPC and awarded the sentence for one year rigorous imprisonment, and to run concurrently.

(2.) Briefly the prosecution case is that in the morning on 26th June, 1979 the Informant Tripit Narain came to Madhubani to give Rupees one thousand to his brother Jitendra for his admission in M.Sc. at Patna, and there at Madhubani he come to know that his brother Jitendra had already left for Patna a day earlier on 25th June, 1979; this Informant Tripit Narain left Madhubani town to come to village home at 8 P.M., and at 7.30 P.M. this Informant Tripit Narain was about one hundred yards to the east of Panditain tank of his village on the road. All these four accused-appellants along with Lal Babu (who died during the trial) arrived and surrounded the Informant Tripit Narain; Lal Babu was armed with Chhura, Bhola, Bindeshwari and Jagdish were armed with Lathi and Pulkit was holding a Lota (small vessel to contain water) in the hand, and Pulkit gave the call that prey was in the trap; Lal Babu caused Chhura blows on the head and left hand of the Informant and other accused-appellants caused Lathi blows and Lota blows on the Informant Tripit Narain. Tripit raised alarm for help, and the villagers arrived there including Deo Saran Yadav, Shiv Shankar Lal Das, Kodal Sahni.

(3.) Further the prosecution case is that the accused Jagdish took out Rupees one thousand from the waist of the Informant and also took out one Dhoti from the bag of the Informant and took them away.