RAMAKANT TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two criminal appeals have been heard together and are being disposed of by this one common judgment, as they arise out of the same judgment and order of conviction and sentence dated the 26th August, 1986 passed by the IIIrd Additional Sessions Judge, Sasaram in Sessions Trial No. 180/42 of 1983/83, whereby all these three appellants, namely, Rama Kant Tiwary, Bahadur Singh (appellants in Cr. Appeal No. 442/86) and Parmanand Tiwary (appellant in Cr. Appeal No. 489/86) have been convicted Section 302/34 of the Indian Penal Code (for short "the Code") and sentenced to undergo R.I. for life by the Court below.

(2.) Being aggrieved and dissatisfied with the said judgment and order these two appeals have been filed by the appellants in the manner as aforesaid.

(3.) The prosecution case in short, as disclosed from the Fardbeyan of Mangal Tiwary, recorded by the S.I. Sri R.N. Tiwary of Chand P.S. District Rohtas is that on 24.2.1983 at 4.30 p.m. the Fardbeyan of the informant was recorded by S.I. R.N. Tiwary of Chand Police Station, wherein the informant contended that they are these brothers. The eldest is Shyama Kant Tiwary, who is mentally deraliled. The second is Krishna Kant Tiwary and he (Mangal Tiwary) is the youngest. The appellants Parma Nand Tiwary and Rama Mani Tiwary are also residents of their village Boldan within Chand Police Station in the district of Rohtas and they are their Gotias. The appellant Bahadur Singh is a resident of another village Chasrewa of the same Police Station and District. It is further stated that they were having some land dispute with the appellant Parmanand Tiwary. On the date of occurrence in the morning his brother Krishna Kant Tiwary had gone to Chand for some urgent piece of work. In the meantime the appellant Parmanand Tiwary sent some labourers for harvesting the massor crops in the field situated on the western side of their house. The informant Mangal Tiwary protested and the labourers were sent back. His brother Krishna Kant Tiwary returned from Chand at about 10 a.m. Thereafter Parmanand Tiwary came to their house and asked him as to why his brother did not allow his labourers to harvest the masoor crops. This caused some altercation in between Krishna Kant Tiwary and Parmanand Tiwary, and Parmanand Tiwary threatened him and challenged that he is going to the field for harvesting the masoor crops and asked him to do what he can. The appellant Parmanand Tiwary thereafter went to the house of the appellant Bahadur Singh and returned along with him. Appellant Bahadur Singh had also brought an illegal gun with him and went along with the appellant Parmanand Tiwary to the field for harvesting the masoor crops and asked Krishna Kant Tiwary to come to the field, at which his brother said that he will not go to the field, instead he will go to the police station along with the Chowkidar. Thereafter Krishna Kant Tiwary along with the informant Mangal Tiwary went to the house of Dukhanti Chowkidar for taking him to the police station. At about 11 a.m. when he along with his brother reached near the house of Dukhanti Chowkidar, there they found the appellant Bahadur Singh armed with a gun, appellant Ramakant Tiwary armed with a lathi and the appellant Parmanand Tiwary without any arms coming from the eastern side. After reaching near the door of Dukhanti Chowkidar, appellant Bahadur Singh asked to assault his brother Krishna Kant Tiwary, at which the appellant Parmanand Tiwary took the gun from the hand of the appellant Bahadur Singh and fired at Krishna Kant Tiwary, which hit on his thigh and his brother fell down. Appellant Parmanand Tiwary again loaded the gun and tried to shoot at him (informant) but he fled away from that place. The appellants thereafter also tried to fire at his brother again, but their sister Dhanraji Devi, who was also going along with them, fell down on the body of her brother Krishna Kant Tiwary and started crying. The appellant thereafter went away towards the western side of the village. The injured Krishna Kant Tiwary was taken to Khar-gawan Hospital where he subsequently died.