BHULAN RAM Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) SINCE these three appeals arise out of the same judgment of conviction and order of sentence, they have heard together and are being disposed of by this common judgment.

(2.) The appeals are against the judgment dated 7th May 2002 of Sri Arun Kumar Srivastava, 2nd Additional Sessions Judge, Buxar passed in S.T.No. 49 of 2000 whereby each of the appellants have been convicted under Section 302/149 of the Indian Penal Code and Section 27 of the Arms Act and respectively sentenced to R.I. for life and R.I. for 3 years. This has to be mentioned here that other accused Pujan Ram, Godhan Ram and Satya Narayan Ram were also tried along with the appellants. But Pujan Ram died during the trial and Godhan Ram and Satya Narayan Ram were acquitted by the Trial Court. It also appears that the appellants were also charged separately under Sections 147, 148, 149 and 307 IPC but in the judgment, the Trial Court has not recorded any conviction against the appellants under any of these counts. So we are taken to believe that the learned Trial Court has acquitted the appellants under these counts. So far the charge under Section 307 IPC is concerned, we find that the name of injured is Nand Kumar Pandey who was also examined as P.W. 4 by the prosecution but entirely a different person, namely, Ramjee Pandey has been mentioned as victim in the charge (under Section 307 IPC).

(3.) THE prosecution case emanates out of an incident in which it is said that there had been firing and counter -firing between the extremists on one side and the villagers on the other side in which four persons were killed by the villagers and two were killed due to firing by the extremists. The fard - beyan of the case was recorded by the S.I. Shahabuddin at Middle School, Basaon Kala on 7th June 1999 at 11:30 A.M. on the statement of informant Girik Yadav (P.W. 5) who stated that on the previous day at 6:00 P.M. he heard the sound of indiscriminate firing coming from Harijan Toli and when he came out he heard hulla that extremists, who had looted gun of Panditjee people were also coming towards the village for looting the firearms of villagers. Learning this, the villagers became ready with their firearms. The informant further said that he saw Shankar Ram and other 13. accused persons, as named in the F.I.R. coming towards the village. He also said that he identified Shankar Ram and other 13 accused, including the appellants being variously armed and when the villagers tried to take position with their firearms, those extremists started firing on the villagers. The informant says that firing occurred from both sides and the villagers killed 4 extremists but extremists became successful in taking the dead bodies of two of them and two remained there. The informant further stated that Nand Kumar Pandey, Puna Lal @ Radha Kishun Yadav and Bhola Singh had received firearms injuries due to the firing made by the extremists and that Punalal @ Radha Kishun Yadav and Bhola Singh died of the injuries in course of treatment in the Hospital.