BIKRAMA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL four appellants have been convicted under Section 302/34 of the Indian Penal Code by judgment and order passed by Sri Shashi Kumar Chaudhary, 3rd Additional Sessions Judge, East Champaran at Motihari in Session Trial No. 134 of 1985/221 of 1988 and sentenced to under go rigorous imprisonment for life. Appellant Nos. 1, 2 and 3 are sons of appellant No. 4 Uday Tiwari.

(2.) PROSECUTION case as disclosed in the fard beyan dated 28.2.1983 of Meghu Sahani (P.W.4) the informant of the case is that on that very date he along with his brothers Dahari Sahani (deceased) and Chhathu Sahani (P.W.6) had gone to Ekdarwa Kanta for getting Chalan for sugar cane. They had gone to Ekdarwa at 5 P.M. in the evening and waited for chalan till 10 'O Clock in the night but did not get the chalan. They were returning to their home and on way when they reached adjacent to the house of Rajdeo Choubey suddenly from the house of Rajdeo Choubey accused Bikrama Tiwari, Suresh Tiwari, Subhash Tiwary and Uday Tiwary along with female members of Rajdeo Choubey came out and caught hold of Dahari Sahani. They dragged Dahari Sahani towards courtyard in the house of Rajdeo Choubey and started assaulting him. Bikrama Tiwari was armed with Dabia, Udai Tiwari was armed with Khurpi. They assaulted Dahari Shani with the weapons in their hands. Dahari Sahani due to assault became unconscious. The informant and his brother Chhatu Sahani tried to rescue Dahari Sahani but they were chased to assault as such they ran away towards their house. Dahari Sahani died because of the injury received on account of assault. The informant thereafter directly went to the Bharwaliya out post and informed the police force and then with the Chaukidar went to the police station and got recorded his statement.

(3.) THE prosecution in order to prove its case examined all together ten witnesses. P.W.1 is Janak Sahani. In the F.I.R. Janak Sahni's presence has not been mentioned by the informant. It has not been stated that P.W.1 was also accompanying the informant while he was going to his home at 11 P.M. in the night or he came at the place of occurrence immediately after the occurrence. However P.W.1 has said that he was in the company of Meghu Sahani (P.W.4) and Chhathu Sahani (P.W.6) and has witnessed the occurrence. P.W.2 is Bachchan Mishra. This witness has stated that he was sleeping at his house and woke up on hearing hulla. P.W.1 and P.W.4 came at his house and informed that Dahari Sahani is being assaulted. This witness has admitted that there is enmity in between Rajdeo Choubey and Udai Tiwari. P.W.2 has also stated that on the next day he heard rumor in the village that Dahari Sahani had entered into the house of Rajdeo Choubey for committing rape. P.W.3 is a formal witness. He has proved the enquest report. This witness has disclosed in his evidence that P.W.1 is own brother of Ratan Singh (P.W.9) who was a Dafadar posted at Bharwaliya out post. P. W.4 is the informant as well as own brother of the deceased Dahari Sahni. P.W.4 Meghu Sahani deceased Dahari Sahni and P.W.6 Chathu Sahani P.W.4. are brothers P.W.4 has stated that when he reached near the house of Rajdeo Choubey, Bikrama Tiwary, Udai Tiwary, Subhash Tiwary and Suresh Tiwary as well as the female members of Rajdeo Choubey's family came out. They all caught hold of Dahari Sahani and dragged him towards the courtyard of Rajdeo Choubey's house. Bikrama Tiwari assaulted with Dabia in the abdomen of Dahari Sahani and Udai Tiwari assaulted with Khurpi. Other accused also assaulted with lathi. He has also stated that Dahari Sahani started bleeding and was in the pool of blood. At the place of occurrence Chokat Mahara (not examined) Baidyanath Raut (not examined) and Janak Singh (P.W.1) came and saw the occurrence. These persons also tried to restrain the accused persons but they were adamant to assault the deceased. Informant has also stated that from the place of occurrence he went to his house and thereafter in the company of P.W.1 Janak Singh he went to the out post at school where the constable took his L.T.I. There he narrated the incident and thumb impression was also taken by the constable. Again he came to the place of occurrence which is the house or Rajdeo Choubey with the constable and chowkidar and from their he went to police station. At the police station the Officer -in -charge recorded his fard beyan and he put his thumb impression. The motive for the occurrence as disclosed by P.W.4 is that earlier Dahari Sahani had been instrumental in getting arrested Bikrama Tiwari which has been avenged. P.W.5 Sheo Shankar Raut has stated that in the night of the occurrence he was on duty at Bharwaliya police out post. Dafadar Ratan Singh (P.W.9) as well as police force was also there. At that time the informant Meghu Sahani (P.W.4) and Janak Singh (P.W.1) came and stated that they had gone to Ekdarwa Sugar Mill and while coming from there they reached near the house of Rajdeo Choubey and saw that the accused Bikrama Tiwari, Subhash Tiwari, Suresh Tiwari were dragging Dahari Sahani towards the house of Rajdeo Choubey. These people killed Dahari Sahani and dead body of Dahari Sahani is lying in the house of Rajdeo Choubey. On this information P.W.5 along with P.W.9 and police force went to the house of Rajdeo Choubey and saw the dead body of Dahari Sahani. On the direction of P.W.9 he (P.W.5) along with P.W.4 came at Paharpur police station. He has further stated that Paharpur police station is at a distance of four mile from Bharwaliya out post. Dafadar had recorded the statement of Meghu Sahani at out post and thereafter they went to village Khairwa at the residence of Rajdeo Choubey. No other person was there near the dead body of Dahari Sahani. He came to know about the incident when P.W.4 had narrated the incident before P.W.9. P.W.5 has also deposed about the normal and easiest route from Ekdarwa to village Dudhalia i.e. the village of informant. Village Khairwa i.e. P.O. village is not the normal route.