RAM WARAN KUAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal under Section 374 (2) read with Section 389 Cr.P.C. has been filed by the five appellants namely Ram Waran Kuar, Arun Kumar Sharma, Ajit Kumar Sharma, Mantu @ Ramesh Kumar Sharma and Sakal Deep Sharma and another accused Ram Pyare Sharma who were prosecuted for the offences under Sections 148, 302 read with Section 34 I.P.C. in Sessions Trial No. 190 of 1986 by the 2 nd Additional Sessions Judge, Saran, Chapra.

(2.) As far as the main accused person Sri Ram Pyare Sharma is concerned, he has not filed any appeal against his conviction for offence under Section 302/34 I.P.C. The remaining appellants have filed this appeal challenging their conviction under Sections 302/34 I.P.C. Of the five appellants herein appellant Ram Waran Kuar namely Appellant No. 1 was 84 years of age in the year 1994 when he was convicted and Appellant No. 5 Sakal Deep Sharma was 72 years of age at that point of time and now it is reported that both of them have died and, therefore, the only question now remaining in this appeal is with regard to the conviction of appellant Arun Kumar Sharma, Ajit Kumar Sharma and Mantu @ Ramesh Kumar Sharma.

(3.) It is the case of the prosecution that on 14.05.1985 at about 8.45 P.M. in the village in question situated in district Saran the informant Munni Lal Sharma was sitting at his Dalan when Ram Waran Kuar called him from outside and when Munni Lal Sharma came out, it is said that all the accused persons attacked and assaulted him and the accused Ram Pyare Sharma, who has not preferred any appeal, took a Bhala and inflicted a Bhala injury on the right chest of the informant. The informant was taken to the hospital where he died. From the statement of P.W. 14 Dr. R.K. Singh it is clear that the deceased died because of the single injury caused by a Bhala blow given by Ram Pyare Sharma. The medical report speaks about an incised penetrating wound on the right side of the chest. This is the single injury and the author of the injury is none other than Ram Pyare Sharma who had caused the injury with a Bhala. Even in the dying declaration of the deceased recorded as Exhibit-3 the deceased has stated that on 14.05.1985 when he was sitting in his Dalan he was called by appellant Ram Waran Kuar and he speaks about Ram Pyare assaulting him with a Bhala. However, he makes an omnibus statement that the other accused were present and appellant Sakal Deep Sharma instigated for killing.