CHAMAKU RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant was convicted in Sessions Trial No. 164 of 1998 (arising out of Sandesh P.S. Case No. 14 of 1996) . The appellant has been convicted by judgment of conviction dated 08-12-2015. He has been convicted for commission of offence under Section 302 of the Indian Penal Code, 1860 (for short "I.P.C.") and Section 27 of the Arms Act, 1959 (for short "Arms Act") . By order dated 14-12-2015, he was sentenced under Section 302 I.P.C. to undergo rigorous imprisonment for life and to pay a fine of Rs. 20, 000/- (twenty thousand) and in default of payment of fine, he has been directed to further undergo simple imprisonment for five years. Under Section 27 of the Arms Act, he has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10, 000/- (ten thousand) and in default, he has been directed to further undergo simple imprisonment for two years. He has been convicted and sentenced by judgment passed by Sri Vishwanath Singh, learned 5th Additional Sessions Judge, Bhojpur, Ara (hereinafter referred to as the 'Trial Judge') .

(2.) Short fact of the case is that on 09-02-1996 at 1:00 AM in the night, Sub-Inspector Sri Aditya Kumar Mishra, officer incharge of Sandesh Police Station recorded fardbeyan of Ramadhar Rai (P.W.4) in village Koshdihra in the house of Ramgahan Rai (P.W.1) . In the fardbeyan, the informant disclosed that on 08-02-1996 at about 8:40 in the night, his servant Ram Awadhesh Yadav (deceased) sitting on a cot was having dinner. The informant and his brother Ramgahan Rai (P.W.1) were having discussion while sitting in dallan (nyku) . In the meanwhile, they heard one sound of firing from outside. Thereafter, he and his brother came out. In the meanwhile, his servant, in an injured condition, arrived there and fell down in dallan (nyku) . On his person, there was one fire-arm injury. Immediately after being fallen down, he died. On hearing sound of firing, the number of villagers namely Ramyash Rai (not examined) , Kamlesh Rai (not examined) , Bharat Rai (not examined) , Surya Narayan Rai (P.W.7) , Ram Ayodhya Yadav (P.W.3) , Raghupati Yadav (not examined) , Janeshwar Yadav (not examined) and other villagers arrived there and started to search assailants. In this context, from a well, which was near the eastern side of informant's Dallan, they heard cry of a person. Thereafter, all the villagers reached near the well and noticed that one person from the well was crying to save him. On being asked by the informant and other villagers as to who was he and how he fell down in the well, the person from the well said his name as Chamku Ram S/o Ram Prasad Ram, R/o Kori, P.S. Sandesh, District Bhojpur and he further said that he and one Collector Pasi S/o Lalmuni Pasi R/o Bartiyar, P.S. Sandesh, District Bhojpur had gun down Ram Awadhesh Yadav (deceased) and thereafter, while he was fleeing away towards eastern side, he fell down in the well. The said person further said that his rifle and cartridges were also lying in the well. On hearing the said thing, the informant and all the villagers surrounded the well and information was given to Bartiyar camp and police station. On information, police force from Bartiyar camp and officer incharge of Sandesh Police Station with force arrived at the place of occurrence. After the arrival of the police force, with the help of villagers, the accused Chamku Ram was taken out from the well, who was having multiple injuries on his person. On being asked by Bada Babu (cM+k ckc w) of Sandesh Police Station as to what was his name, he disclosed his name and said that he had shot Ram Awadhesh Yadav by country-made rifle and the said rifle and remaining live cartridges were concealed in the well. He also disclosed the name of the accused, who fled away, as Collector Pasi. He also stated that Collector Pasi was also having a country-made rifle. Subsequently, with the help of villagers and Jhagar (>xM+/dkWaVk) from the well, country-made rifle and one cloth windolia (fo aMksfy;k) containing 11 live cartridges of .315 bore was recovered. On smelling the rifle, smell of explosive was noticed. In presence of two witnesses namely Ram Ayodhya Yadav (P.W.3) and Birendra Rai (P.W.2) by preparing seizure list, the recovered country-made rifle and live cartridges were seized. On the seizure list, Ram Ayodhya Yadav (P.W.3) put his L.T.I. and another witness Birendra Rai (P.W.2) put his signature. The reason for the occurrence was explained by the informant that deceased Ram Awadhesh Yadav, since last about five months, was doing domestic work of the informant. Prior to the said work, he was working in the house of one Bhuneshwar Rai of village Bartiyar, however on Bhuneshwar Rai, Communist Party (M) had put economic restriction and in said context, accused Collector Pasi and others by threatening had ousted the deceased and he was threatened that he will never work for any Bhumihar (Hkqfegkj) caste people, otherwise he will be done to death. The informant further disclosed that Chamaku Ram (appellant) and Collector Pasi were supporters of Maley (ekys) . He claimed that in a pre-planned manner, both the accused had killed Ram Awadhesh Yadav by giving shot from country-made rifle. Thereafter, the informant put his signature on the fardbeyan.

(3.) After recording of the fardbeyan, a formal F.I.R., vide Sandesh P.S. Case No. 14 of 1996, was registered for offence under Sections 302/34 of the Indian Penal Code and sections 25(1-B) A, 26 & 27 of the Arms Act against the appellant Chamaku Ram and one another Collector Pasi. During investigation, accusation was found true and thereafter, on 08-05-1996 chargesheet was submitted against both the F.I.R. named accused persons showing accused Collector Pasi as absconder. On 15-05-1996, learned Magistrate took cognizance of the offence and thereafter, the case was committed to the court of sessions on 29-05-1998 and the case was numbered as Sessions Trial No. 164 of 1998. In the case, charge under Section 302 of the I.P.C. and Sections 25(1-B) A & 27 of the Arms Act was framed on 05-01-1999 against the appellant.