LAKHAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALTOGETHER six accused persons are before us in the two appeals arising out of a common judgment challenging their conviction and sentence for the murder of one Kusum Devi, passed by the learned 3rd Additional Sessions Judge, begusarai, in S. T. No. 221 of 1994 (State through Garbhu Thakur v. Lakhan Thakur and others ). Ramji Thakur is the sole appellant in Cr. Appeal No. 289 of 1997, has been convicted under Section 302 of the Indian Penal Code read with Section 27 of the arms Act, and has been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 5,000/-, and in default to undergo rigorous imprisonment for six months. He has also been convicted under Section 27 of the Arms Act and has been sentenced to undergo rigorous Imprisonment for a period of three years. The appellants of Cr. Appeal No! 242 of 1997 have been convicted under Sections 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life, and a fine of Rs. 5,000/- in default of payment of fine to undergo rigorous imprisonment for six months. Appellant Lakhan Thakur has also been convicted under Section 27 of the arms Act and has been sentenced to undergo rigorous imprisonment for a period of three years. The sentences shall run concurrently. Appellants Ramji Thakur, Lakhan thakur, Shankar Thakur, and Hare Ram thakur are full brothers, and are sons of nirdhan Thakur. Appellant Bharat Thakur is the son of Ramji Thakur, and appellant pappu Thakur is the son of Lakhan Thakur. In other words, four appellants are full brothers, and the other two appellants are nephews of those appellants.

(2.) ONE Garbhu Thakur (P. W. 3) lodged a fardbeyan (Ext. 1), alleging therein that he had land dispute with Lakhan Thakur (appellant), and Ramji Thakur (appellant), which have given rise to litigations between them. The informant and the appellants are agnates and share the same house after partition. It is further alleged that brick-bats had been thrown in the house of Ramji thakur (appellant), and for which they suspected the informant. On 4-7-1993, at about 9 p. m. , while the informant, his wife (P. W. 2), his minor daughter, Rupam Kumari (P. W. 1), and his mother Kusum Devi, were sitting in their Varandah the appellants entered into the house of Lakhan Thakur. Ramji thakur was armed with a country-made pistol, and the remaining appellants were armed with lathis. Lakhan Thakur gave a call to kill them. Frightened by such sudden approach of the appellants and their call for murder of the informant and his mother, they ran out of their house to save their lives. The appellants also chased them and ultimately surrounded her. Ramji Thakur fired at Kusum Devi from his pistol beneath the chin, as a result of which she started bleeding and fell down. The appellants thereafter took to the heels. Soon thereafter, Rupam kumari (P. W. 1), and Bachi Devi (P. W. 2)reached the place of occurrence. Kusum Devi was carried to the Hospital where she succumbed to her injury before any effective treatment could be given to her. P. W. 3 narrated the incident which was recorded as his fardbeyan at about 11 p. m. the same night in the hospital. Inquest report (Ext. 3)was prepared.

(3.) INVESTIGATION commenced and charge-sheet in the course was filed against the six appellants. They were committed to the court of Sessions to stand their trial under section 302 read with Section 34 of the Indian Penal Code, as well as under Section 27 of the Arms Act.