BIDYANAND PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State on these criminal appeals.

(2.) These criminal appeals have been preferred against the Judgment and Order of conviction dated 15.06.2012 and order of sentence dated 21.06.2012 passed by Ad hoc Additional District and Sessions Judge-II, Madhepura in Sessions Trial No. 182 of 2004 arising out of Murliganj P.S. Case No. 55 of 2002, whereby the learned trial court convicted the accused namely, Bidyanand Paswan and Sadanand Paswan for the offence punishable under Sections 148 and 302 of the Indian Penal Code and accused Hardeo Paswan, Pawan Paswan and Jaganand Paswan under Section 302 / 149 of the Indian Penal Code and sentenced the accused Bidyanand Paswan and Sadanand Paswan to undergo rigorous imprisonment for life and slapped them with the fine of Rs. 1000/- each for the offence punishable under Section 302 of the Indian Penal Code and further sentenced them to undergo S.I. for six months under Section 148 of the Indian Penal Code and sentenced the accused Hardeo Paswan, Pawan Paswan and Jaganand Paswan to undergo rigorous imprisonment for life and also slapped them with the fine of Rs. 2000/- each under Section 302 / 149 of the Indian Penal Code. Both the sentences of Bidyanand Pawan and Sadanand Paswan were directed to run concurrently. In case of default of payment of fine, aforesaid accused persons were further sentenced to undergo S.I. for three months each.

(3.) Factual matrix of the case is that Murliganj P.S. Case No. 55 of 2002 was instituted under Sections 147 , 148 , 149 , 447 and 302 of the Indian Penal Code against the accused, namely, Bidyanand Paswan, Pawan Paswan, Jaganand Paswan, Sadanand Paswan, Chakandhar Paswan, Hardeo Paswan, Devanand Paswan, Jaldhar Paswan on the basis of the fardbeyan of Jitendra Paswan, Son of Late Rajdeo Paswan, recorded by S.I. Harendra Prasad Choudhary of P.S. Murliganj, District-Madhepura on 27.07.2002 at 04:30 PM at village Nawtoll with the allegation in succinct that on 27.07.2002, he was taking rest on the chauki in the Baithaki room of his house as he was not well. At around 12:45 PM, his father namely Rajdeo Paswan arrived there to take meal from the field and was taking meal on the said chauki. His younger brother, namely, Amit Kumar was also sitting on the said chauki while his sister, namely, Poonam Devi was coming towards them fetching water for his father. As soon as his sister arrived near his father, in the meantime at around 1 PM abruptly Vidyanand Paswan, Pawan Paswan, Jaganand Paswan, Sadanand Paswan and Chakradhar Paswan descended at the door. Vidyanand Paswan was armed with Garasa, Chakradhar with Dabiya, Sadanand with axe and others were armed with lathi. Vidyanand Paswan, Chakandhar Paswan, Pawan Paswan and Sadanand Paswan took his father on the door lifting him and shoved him on the ground. Then Baidyanath Paswan assaulted on his head by means of garasa, Chakradhar Paswan by means of dabiya and Sadanand Paswan by means of axe. When they rushed in his rescue, they also gave them chase to assault, so they kept standing at the door keeping mum. In the meantime, they witnessed Hardeo Paswan, Devanand Paswan and Jaldhar Paswan standing behind his door armed with arrow, bow and lathi. His father sustained cut injury in the mid of his head, left shoulder, in the mid of his back and on the right elbow. Sustaining injury, he fell senseless. Then accused persons left the scene. On their departure, they made alarm. Responding the same, his uncle Parmanand Paswan, Brahmdeo Paswan, Makhan Paswan and his brother Dular Chand Paswan who were working on the field rushed there and rushed the injured to Madhepura to accord him medical aid, but he succumbed to his injuries on the way near Jitapur. Then they regressed to their house and found the dead body of she goat dumped at his door by the accused persons. Bone of contention is said to be that there is land dispute for around two years between his father Rajdeo Paswan, Jaldhar Paswan and his family. This could not be figured out despite Panchayati.