CHHATRADHARI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the Judgment of conviction and sentence order dated 28.04.1994 passed by the 8th Additional Sessions Judge, Purnia, in Sessions Trial No.418 of 1988, by which and whereunder he convicted the appellants for the offences punishable under Sections 302/149 and 201 of the Indian Penal Code and, accordingly, they have been sentenced to undergo rigorous imprisonment for life for the offences punishable under Sections 302 read with Section 149 of the Indian Penal Code. No separate sentence was awarded for the offence punishable under Section 201 of the Indian Penal code. However, by the impugned Judgment, the learned court below acquitted the four accused persons of the charges framed against them.

(2.) The brief fact, which lies to file this criminal appeal, is that on 03.08.1980, P.W.18, namely, Sri Prakash Singh alias Gopal Prasad Singh, gave his written report to the Officer Incharge of Mohanpur Phari, Police Station-Rupauli, to this effect that the F.I.R. named accused Gulten Paswan forcibly wanted to take possession of his land appertaining to Khata No.143, area 8 decimal, and an information regarding the aforesaid fact had already been given to the Outpost-Mohanpur and on the aforesaid information, a proceeding under Sections 107 and 116 of the Code of Criminal Procedure was initiated against them and the said proceeding was still pending in the court. He further averred in his written report that on 008.1980 at about 01.00 P.M., his brother, namely, Ved Prakash Singh alias Palan Singh along with his guards, namely, Sevi Mandal (P.W.9) , Parmanand Mandal (P.W.10) and Parambir Mandal (P.W.13) had gone to Mohanpur due to some urgent work and while he was returning to his home at about 03.00 P.M. and reached near Kankala Basti, all of sudden, 30-40 persons came out from Maize field and encircled him as well as his other companions. He further averred that his brother was riding on horse at the time of the alleged occurrence and he was caught by the aforesaid persons along with his horse. The aforesaid persons started pressing the neck of his brother and took him towards eastern side. They threatened the P.Ws.9, 10 and 13 not to disclose the aforesaid fact to any other person. The aforesaid prosecution witnesses went to their homes due to fear and did not disclose the aforesaid incident to anyone. However, on 03.08.1980 at about 09.00 A.M., horse of his brother returned to his home without bridle and then the informant and his other family members suspected the some foul and came to Mohanpur in search of his brother and then he learnt that his brother had left Mohanpur yesterday at about 03.00 P.M. The informant went to village-Arajpur in search of his brother and when he met the above stated guards, they were completely under fear, however, after great persuasion, they disclosed the entire incidents. They stated that 30-40 persons had caught hold of the deceased and out of the aforesaid persons, they had identified Gulten Paswan, Babu Saheb Paswan, Umesh Paswan, Chamak Lal Paswan, Chhatradhari Paswan, Surendra Paswan, Jalebi Paswan, Suresh Mandal, Bhola Yadav, Kare Yadav, Shiv Rai, Gonar Sharma, Puran Thakur, Chamak Lal Gorhi, Sanchu Paswan, Kusho and Raje Yadav. The informant averred that he along with the above stated guards went towards the place of the occurrence and, subsequently, headless corpse was recovered and on the basis of the clothes found on the corpse, the informant identified the dead body as of his brother.

(3.) On the basis of the aforesaid written report, police case was registered and formal F.I.R. was drawn up. However, after completion of the investigation, the charge-sheet was submitted against the appellants and several other persons. Thereafter, the cognizance of the offence was taken and the case was committed to the court of Sessions where the appellants along with four others, namely, Puran Thakur, Kusho Mandal, Kari Yadav and Suresh Mandal were charged for the offences punishable under Sections 364, 302, 148 and 201 of the Indian Penal Code.