RAM SAGUN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this judgment we are disposing of the three criminal appeals as they arise against the same judgment and order dated 9-5-1986 passed by the 6th Additional Sessions Judge, Arrah in Sessions Trial No. 207 of 1980 by which all the five appellants have been convicted, and sentenced to imprisonment for life under Section 302/149 of the Indian Penal Code. All the appellants have been further convicted under Section 27 of the Arms. Act and under Section 148 I.P.C. and have been sentenced to undergo R.I. for three years each under both the heads.

(2.) Cr. Appeal No. 229 of 1986 has been filed by Ram Sagun Chaudhary and Gopal Chaudhary. Cr. Appeal No. 285 of 1986 has been filed by Ram Narain Chaudhary and Hiraman Dusadh and Cr. Appeal No 319 of 1986 has been filed by the sole appellant Sheo Shankar Chaudhary.

(3.) The prosecution case is that in the night of 30-6-1980 an incident happened in village Kasiya P.S. Dumraon in the district of Bhojpur, in which two persons namely. Dhadhan Singh and Raj Narain Singh who were sleeping on the roof of the house of Sidhnath Singh (P.W.1), were shot dead in presence of the several witnesses including P.W.1, who was also sleeping along with the deceased. The village Kasiya is situated about 30 kms. Southwest from Dumraon Police Station. This village appears to be divided on caste line. The prosecution party belong to kocri caste and the appellants are kurmis. The village consists of 300 families of Kurmis, Koeris and Brahmins and Rajputs. About two years prior to the occurrence Bhola Nath Rai a Raiput by caste was elected as Mukhiya. The rival candidate Lal Mohan, who belonged to Kurmi caste was defeated by Bhola Nath Ra i.