BUNDI CHOUDHARY Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) THE ten appellant in the two appeals are aggrieved by the judgment dated 8.4.1988, passed by the learned 4th Additional Sessions Judge, Nalanda, in S.T. No. 71 of 1984 (State of Bihar V/s. Chandu Mochi & Ors.), whereby appellant Nande Pasi has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

(2.) The remaining appellants, namely, Bundi Choudhary, Krishna Choudhary, Mahesh Choudhary, Chhotelal Yadav, Chandu Manjhi, Shree Manjhi, Jethan Manjhi, Ganauri Manjhi and Lal Keshwar Manjhi have been convicted under Section 302, read with Section 149, of the Indian Penal Code, and have been sentenced to undergo rigorous imprisonment for life. The convicted persons shall hereinafter be referred to as the appellants). According to the Fardbeyan of Brij Nandan Singh (P.W.10), recorded on 29.5.1983, at about 8 P. M., at Biharsharif Sadar Hospital that he had grown Onion plants on agricultural lands near the Harijan Toli, Gaurichak. On that day, at about 6.30 P.M., the cattle belonging to the Harijans were grazing and destroying the plants of the informant. His brother Jai Nandan Singh deceased had driven the cattle out of his fields away towards the Harijan Toli and was using abusive language against them, and was also warning them that they should not do such injustice to him. The appellants emerged using abusive language and variously armed. Appellants Nande Pasi and Bundi Pasi were armed with Hasuli and Lautha, and the remaining appellants were armed with lathi and Paina, were using abusive language against tne said Jai Nandan Singh, and had encircled him. On hearing Hulla, the informant (P.W.10), Bhaso Singh (P.W.4), Siya Saran Singh (P. W.6), and Bihari Singh (P.W.9), also assembled there. They saw that Krishna Pasi had caught hold of the left hand of Jai Nandan Singh, Mahesh Pasi was holding his right hand, and Chotelal Gope was holding his hairs on the head from behind. Bundi Pasi gave the order that "vm

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