MUSAFIR PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the sole appellant and learned Additional Public Prosecutor for the State.

(2.) This criminal appeal has been preferred by the sole appellant for setting aside the judgment and order of conviction dated 20.11.1995 passed by the learned 2nd Additional Sessions Judge, Aurangabad (hereinafter referred to as the "learned Trial Court") in Session Trial No. 275/1994/64/1994 by which the learned Trial Court has been pleased to hold the appellant guilty for the murder of one Naurang Prasad Singh and accordingly convicted him under Section 302/149, 120B of the Indian Penal Code (for short the 'IPC'). The appellant has been sentenced to undergo imprisonment for life under Section 302/149 IPC. No separate sentence has been passed for the offences under Section 120B IPC.

(3.) From the narration of the prosecution case as appearing from the records of the trial court, it appears that one Daulti Devi (P.W.8) is the informant who alleged that in the night of 20th day of July, 1993 at about 8.00 p.m. while she was serving dinner to her husband Mukhiya Naurang Prasad Singh in the courtyard (Aangan) of her house at village Kolhaira, P.S.-Deo (Dhibra) in the district of Aurangabad, she heard a call from the outside to open the main door. The southern door was knocked. She enquired about the person who was asking to open the southern door. On query, the people outside replied that they are the brothers. At the same time, she heard from the north side door there was a voice to open the door, the informant identified the voice of this appellant Musafir Paswan and advised her husband to go on the roof of the house and flee away. It is further stated that when the husband of the informant went on the roof then she opened the north side door, as soon as she opened the door Musafir Paswan (the appellant) alongwith other 10 persons entered inside the house and called for the Mukhiya. On this, the informant told them that the Mukhiya had gone outside. On hearing this, Musafir Paswan (the appellant) pushed her with some iron made things and asked her to save otherwise she would be killed. It is alleged that some of the persons were searching for her husband while damaging the Kothi which is used for storage of food-grains. They damaged the food-grains and scattered the articles and lastly fled away with a box containing all the papers concerning land, cloths and one silver chain. It is alleged that when the miscreants left the home, she heard 4-5 rounds of firing and whistle was blown from outside. On hearing the whistle, the miscreants came out of the house of the informant. It is alleged that miscreants also gave the slogans 'Inkelab' before leaving the house.