SUBHASH CHAUDHUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) out of seven appellants, three of them namely, appellant No.5 Raj Roshan Chaudhur, appellant No.6 Indrasan Chaudhur and appellant No.7 Chandradeo Chaudhur died during the pendency of this appeal and this appeal as against them stands abated. The appeal of appellant Nos. 1 to 5 survived for consideration.

(2.) Appellant No.1 Subhash Chaudhur has been convicted and sentenced to imprisonment for life under Section 302, Indian Penal Code and also three years imprisonment under Section 148, Indian Penal Code. Appellants No.5 to 7, whose appeal has abated, had been convicted under Section 147, I.P.C. and sentenced to one year imprisonment Appellant No.2 Narain Chaudhur, appellant No.3 Prahalad Chaudhur and appellant No.4 Parasu Ram Chaudhur have only been convicted under Section 148, IPC and sentenced to two years. Accused Bashisth Chaudhur, who was tried along with the appellant was acquitted.

(3.) The prosecution story has been narrated by the learned trial judge accurately in part-8 of the judgment as extracted below: The case of the prosecution in brief is that on 14-5-1976 at about sun set at Village Manipur, P.S. Mirganj, District Siwan at present Gopalganj it is said that the informant Sheo Raj Chaudhur was returning from Khalihan. He reached near the well of his house. He saw the accused Bashisth Chaudhur with Barachhi Narain Chaudhur with Barachhi, Prahalad Chaudhur with Barachhi, Subhash Chaudhur with Barachhi and Indrasan Chaudhur with brick, Parsu Ram Chaudhur with Bhala, Chandra Deo Chaudhur, and Raj Roshan Chaudhur with lathi. They were sitting there. The accused Chandradeo abused the informant and said to kill him, because he is person interested in litigation. On this order the accused Narain Chaudhur, Prahlad Chaudhur assaulted with Barachhi. The accused Prahalad Chaudhur assaulted him on his right chest and right hand elbow. The accused Narain assaulted on the left chest. The informant raised alarm and his nephew Jai Ram Chaudhur rushed for rescue. Thereby Bashisth Chaudhur ordered to kill him. On the order at Bashisth Chaudhur, Subhash Chaudhur assaulted with Barachhi on stomach and Jai ram Chaudhur fell down on the ground. On alarm one Moti Lal Chaudhur (P.W. 2), Sudheshwari Chaudhur (not examined), Raghunath Chaudhur (P.W. 1) arrived and saw the occurrence. It is further said that the villagers such as Kapildeo Chaudhur (not examined), Raj Kumar Rat (not examined), Moti Lal Chaudhur. (P.W. 2) arrived and saw the occurrence and the accused persons went away. After the occurrence the injured were taken to the Hathuwan Hospital but on the way Jai Ram Chaudhur died. The injured and deceased, taken to the hospital where the fardbeyan of Suraj Chaudhur was recorded. The case was registered. The F.I.R. was drawn up and after completing investigation the police submitted charge-sheet against these accused persons.