RAM SWARUP THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appellants are aggrieved by the judgment and order under appeal dated 28.4.2003 /30.4.2003 passed by Additional Sessions Judge No. 4,Khagaria in Sessions Case No. 233/94, arising out of Gogari (Pasraha) P.S. Case No. 37 of 1994, whereby appellant No. 1 Ram Swarup Thakur and appellant No. 2 Radhe Thakur have been convicted for the offence under Section 302 read with Section 149 of the IPC, appellant No. 3 Lucho Thakur has been convicted under Section 302, IPC and all of them have been awarded imprisonment for life. Appellant No. 3 Lucho Thakur has been further convicted for the offence under Section 148, IPC and Section 27 of the Arms Act and has been awarded further R.I. for three years on each count. In his case, the sentences are to run concurrently.

(2.) THE prosecution case as appearing from the fardbeyan of Tribeni Thakur (PW 6) recorded by the Officer -in -Charge of Gogari (Pasraha) P.S. on 17.2.1994 at 8.00 a.m. is to the effect that on that date at about 6.00 a.m., informant Tribeni Thakur and his brother Wakil Thakur (PW 1) were taking possession of a house, for which there was already a dispute with his Gotiya Ram Swarup Thakur (Appellant No. 1). At that time, his friend Gulten Das (deceased) was standing at the Darwaza of the informant. Ram Swarup Thakur (Appellant No. 1) was having a verbal altercation with the informant party and suddenly co - villagers, namely, (1) Kamali Thakur, (2) Radhe Thakur (Appellant No. 2), (3) Lucho Thakur (Appellant No. 3), (4) Ambika and (5) Bindehwari Sao also came at the Darwaza of the informant. Lucho Thakur was having a pistol in his hand. Radhe Thakur was taking Gulten Das towards the road by catching hold of him. As soon as he reached on the road, Lucho Thakur fired a shot, which hit in the abdomen of Gulten Das, who fell down and died instantaneously. The case was investigated by the Officer -in -Charge, Pasraha P.S., who came to the place of occurrence and recorded the fardbeyan on the basis of the information of the occurrence given by Chaukidar Bhola Sao. The inquest in respect of the dead body of Gulten Das appears to have been prepared at 7.30 a.m. of 17.2.1994 and thereafter the fardbeyan of the informant was recorded at 8.00 a.m. The dead body was sent for post -mortem examination and after recording the statements of witnesses and completing the investigation, on 21.6.1994 chargesheet was submitted against all the six accused persons, including the appellants. Accused Kamli Thakur died during trial. Ambika Thakur alias Satish Thakur was found to be a juvenile and therefore his trial was separated. Accused Bindeshwari Sao appears to have absconded, thus did not face trial. After cognizance, the case was committed to the Court of Session where the appellants pleaded not guilty to the charges and faced trial. They have been convicted and sentenced by the judgment and order under appeal, as noticed earlier.

(3.) THE defence of the accused persons is general denial of the occurrence and further defence is that deceased Gulten Das received injuries and died on account of the firing made by the informant party, for which Gogari (Pasraha) P.S. Case No. 39/94 was instituted on the basis of the fardbeyan of Chaukidar Bhola Sao. The formal FIR and the fardbeyan of that case have been exhibited as Exts. C and B respectively.