SHIV BADAN RAM Vs. VIPATURAM

JUDGEMENT

(1.) ALL the Criminal Appeals and Death Reference arise out of the judgment and order dated 11/16.10.1996 passed in Sessions Trial no. 81/38 of 1991/1993 by the First Additional Sessions Judge, Rohtas at Sasaram, as such all the five appeals have been heard together and are being disposed of by this common judgment.

(2.) ACCUSED Vipatu Ram, Sankatha Ram and Ram Gahan Ram have been sentenced to death under Section 396 of the Indian Penal Code (hereinafter referred to as the Code). Hence, Death Reference no. 6 of 1996 has been made by the learned 1st Additional Sessions Judge. These accused have preferred Cr. Appeal no. 552 of 1996 and also Jail Appeal no. 572 of 1996. Accused Sri Ram Ram, Babulal Ram, Mangaru Ram, Shyam Narayan Ram @ Ram Narayan Ram, Banarsi Ram, Ram Dahin Ram, Kamala Ram, Sheogahan Ram, Nagina Ram, Ram Shanker Ram, and Ram Pyare Ram (Appellants in Cr. Appeal no. 592 Of 1996) and accused Shiv Badan Ram and Shanker Ram (appellants in Cr. Appeal no. 565 of 1996) and accused Ram Bachan Ram (appellant in Cr. Appeal no. 606 of 1996) have been sentenced to life imprisonment under Section 396 of the Code. Appellants have further been convicted under Section 27 of the Arms Act but no separate sentence has been passed under that section. Appellant Nagina Ram has further been convicted under section 435 of the Code but no separate sentence has been passed under that section.

(3.) THE prosecution case, as per fardbayan (Exhibit -5) of Kashi Singh, informant (P.W.20) given to Sri Ram Kripal Sharma (P.W.21), the then Officer -incharge of Police Station Chand, District -Bhabua, at 8.00 PM. on 1.1.1991 at his home in village Keshri under the said Police Station Chand, is that on 1.1.1991 at about 3.00 RM. Kashi Singh, the informant was at his Khalihan. He saw 35 -40 miscreants variously armed with guns and rifles suddenly appearing from the side of Chamar Toli and surrounding his house. The miscreants started entering into the house of the informant and started firing. The female inmates and the children started running away from the house. Smt. Phoolmati Devi, the aunt of Kashi, had come out of the house and was intending to run towards Khalihan. In the meantime, accused Mahendra Chamar (not appellant here) fired a shot at Smt. Phoolmati Devi which hit her and she fell down. Seeing said firing the informant Kashi Singh, in order to protect the lives and property of his family members, opened fire towards the miscreants. The miscreants also responded with firing. In the meantime, informant went near the chamber of Angad Singh and from the side of Angad Singh 's chamber he started firing from his licensed rifle towards miscreants. In the course of shooting the informant identified Vipatu Ram, Kamala Ram, Sankatha Ram, Sheogahan Ram, Ram Dahin Ram, Ram Gahan Ram, Shanker Ram, Banarsi Ram, Babu Lal Ram, Ram Pyare Ram, Mangaru Ram, Shyam Narayan Ram @ Ram Narayan Ram (appellants) and Raman Ram, Dukh Dewan Ram, Mangal Lohar and Sagar Lohar (absconding accused) and one Mahabali Koeri, all armed with rifle and Nagina Ram (appellant), Sheomuni Ram (absconding accused) and Kalapu Ram, armed with gun, who were engaged in firing by their respective weapons. The accused also exclaimed that 'look Kashi, all have been shot dead '. Accused Mahabali Koeri was exhorting to pull down the house. Accused Nagina Ram (appellant) and Kalapu Ram set fire to the Khalihan as a result whereof thousands of bundle of paddy were reduced into ashes. Village people of Bararhi arrived to the help of the informant and then firing and counter firing ensued between the informant 's party and miscreants. The miscreants, in course of counter firing proceeded to the south direction from east and taking advantage of the darkness due to sun set they made good their escape. Thereafter, the informant and his companions came to the house of the informant where they found Chavinath Singh, Sheo Pujan Singh, 4 Virendra Singh, Prabhat Kumar, Maharajo Devi, Phoolmati Devi, Sumitra Devi, Shail Kumari Devi, and Brinda Devi lying dead with fire arm injuries on their bodies. Blood from nostrils and mouth of Brinda Devi was oozing out although no apparent injury was seen on her person. It was alleged that miscreants had taken away 315 bore licensed rifle with twenty five cartridges of the informant 's cousin, Sheo Pujan Singh, and D.B.B.L. gun no. 71058 with twenty cartridges of informant 's other cousin, Mohan Singh, and they had also looted and took away valuables, cash, clothes worth rupees fifty thousand. It was further alleged that the miscreants had shot dead one Ram Vijay Singh in the lane just adjacent to the house of the informant in the south direction.