STATE OF BIHAR Vs. RADHA KANT PANDEY

JUDGEMENT

(1.) The above said Criminal Appeal and Revision have been preferred against the Judgment of acquittal dated 11.04.1994 passed by learned 2nd Addl. Sessions Judge, East Champaran, Motihari in Sessions Trial No. 248/173 of 1985/87 by which and whereunder, he acquitted all the respondents of the charges framed against them. Since, above stated Criminal Appeal and Criminal Revision are arising out of the same Judgment of acquittal so both the above said Criminal Appeal and Criminal Revision are being disposed of by this common Judgment.

(2.) P.W.4, namely, Shail Kumari (who is petitioner in Criminal Revision No. 476 of 1994) gave her fardbeyan to Police officials of Areraj Police Station on 10.02.1980 at 12.00 Noon at Areraj Hospital to the effect that on the same day her labour Jaggu Mian returned to her home after ploughing the filed and she along with her husband, sons and daughter were sitting in the court yard of her own. In the meantime, she noticed some noise outside her house and out of fear she locked the main door of her house from inside. She further stated that at about 10.00 A.M., Narad Pandey, Suresh Pandey, Radha Kant Pandey, Birendra Pandey and Kedar Pandey came in her courtyard through a ladder fixed on her wall and opened her main door and, thereafter, Sri Kant Pandey, Shashi Kant Pandey, Ganesh Pandey, Gauri Pandey, Rama Pandey, Raghunath Pandey, Rajendra Pandey etc. having armed with Lathi, Bhala, Farsa and gun entered into her courtyard and ordered to kill her husband. Thereafter, Radha Kant Pandey, Narad Pandey and Virendra Pandey started assaulting her husband by their respective weapons such as Farsa, Bhala and gun, whereas the remaining accused-persons started assaulting her husband by means of Lathi. She was too assaulted by lathi and her son, namely, Chandra Bhushan Pandey (P.W.3), too, sustained injuries at the hands of the above stated named accused persons. The accused Birendra Pandey committed theft of ornaments and cash and the aforesaid persons set her house on fire. The aforesaid occurrence was witnessed by Sudama Dubey, Bhushan Tiwari, Madan Tiwari, Harendra Tiwari etc. Her husband died on the spot, but for her satisfaction, she took her husband to the Areraj hospital, but he was declared brought dead. The reason behind the alleged occurrence is said to be previous litigation.

(3.) On the basis of the aforesaid Fardbeyan (Ext. 4) Govindganj P.S. Case No. 02 of 1980 was registered on the same day against the named accused persons. The Investigating Officer took the charge of investigation and after completion of the investigation submitted Chargesheet against 14 persons for the offences punishable under sections 147, 148, 149, 302, 380 and 430 of the I.P.C. and Section 27 of the Arms Act. The cognizance of the offences was taken and the case was committed to the Court of Session. All the 11 respondents were put on trial and were charged for the offences punishable under Section 302 read with Section 149 of the Indian Penal Code, whereas respondent Birendra Pandey was charged separately for the offence punishable under Section 324 of I.P.C. and Section 27 of the Arms Act, whereas respondents Narad Pandey, Suresh Pandey, Rama Kant Pandey, Birendra Pandey, Kedar Pandey, Sri Kant Pandey, Shashi kant Pandey, Ganesh Pandey, Rama Pandey and Rajendra Pandey were charged separately for the offence punishable under Section 380 of the Indian Penal Code and similarly, respondent Radha Kant Pandey, Narad Pandey and Birendra Pandey were charged separately for the offence punishable under Section 148 of the I.P.C. and respondent Suresh Pandey was charged, separately, for the offence punishable under Section 436 of the I.P.C. and Kedar Pandey, Suresh Pandey, Sri Kant Pandey, Shashi Kant Pandey, Ganesh Pandey, Rama Pandey, Gauri Pandey and Rajendra Pandey were charged, separately, for the offences punishable under Section 147 and 323 of the Indian Penal Code. All the above said charges were read over and explained to the accused persons, but they denied the charges and claimed to be tried.