INDRADEO PATHAK AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal has been filed against the judgment and order dated 31.5.1986 passed by the 4th Additional Sessions Judge, Darbhanga in Sessions Trial No. 76 of 1985 whereby the appellants have been convicted for the offence under Sec. 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. Appellants Indradeo Pathak, Surendra Pathak and Ram Nandan Singh have further been convicted for the offence under Sections 148 and 324 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year under each count. Appellants Uday Pathak, Ugradeo Pathak and Mahesh Pathak have further been convicted for the offence under Sections 147 and 323 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for six months under each count. The sentences were ordered to run Concurrently.

(2.) 'The prosecution case as emerges from the written report of Ram Kishun Singh dated 4.6.1984 sent to the Superintendent of Police is that the deceased Arjun Singh, his nephew, was living in his house alone. His father was dead and his two brothers were in service and his mother was living with them. On 30.5.1984 one Surendra Pathak took Arjun Singh to see movie at Taheriasarai. On the same day at about 11 p.m. in the night, he heard cry of Arjun Singh to save him which was coming from near the house of Indradeo Pathak. He went near the house of Indradeo Pathak. There he heard some noise in the old courtyard of one Ugradeo Pathak. He went there and saw the appellants armed with Lathi, Bhala, Khanti and Farsa. They were assaulting Arjun Singh. On India villagers, Raja Ram Singh, Nagendra Singh, Ramudar Singh Brijnandan Singh, PW 3, Ram Sagar Singh PW 5 and others came. He and the villagers protested but the appellants did not listen. The villagers then became infuriated and asked appellant Ugradeo Pathak and Ram Nandan Singn and others to take the injured Arjun Singh to Darbhanga Hospital. The appellants took him to Baheri Hospital instead of Darbhanga Hospital. The condition of Arjun Singh did not improve at Baheri Hospital and as such he was removed to Darbhanga Hospital where he died on 4.6.1984. Ram Nandan Singh had committed the murder of Baldeo Singh for which Ram Nandan Singh and some of his family members were convicted. After release from jail Ram Nandan Singh was in search of the opportunity to take revenge from the family members of Arjun Singh. Arjun Singh had internal enmity with Indradeo Pathak and others. On account of the above reason, the appellants had committed murder of Arjun Singh.

(3.) On the aforesaid written report a formal FIR, Ext. 2, was registered on 9.6.1984. On completion of the investigation charge-sheet was submitted in the Court, the Court took cognizance and committed the case to the Court of Sessions for trial. The trial Court convicted the appellants for the offence under Sec. 302/34 and other sections of the Indian Penal Code, as indicated above.