DHARM NATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE eleven appellants before us were put on trial by the Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 380 of 1989 for charges under Sections 302 and 149 of the Penal Code and, by the judgment of conviction dated 14.8.2008, were held guilty of committing the above offences.

(2.) While passing sentences against the appellants on 18.8.2003 the learned Presiding Officer of the Fast Track Court -Ill, Saran at Chapra directed each of the appellants to suffer rigorous imprisonment for life. No sentence of fine was imposed on any of the appellants. The appellants have questioned their conviction and the quantum of sentence before us through the present appeal. The deceased of the case, namely, Smt. Ram Kali Devi is also the informant of the case. She appears making a statement in a field, which appears a bone of contention between the parties. The deceased stated in her fardbayan recorded on 2.12.1988 at 16 hours (4 P.M.) that she was getting her field ploughed at 1.30 P.M. when all the accused persons, armed variously, came there and forbade her to plough the field. The deceased replied that she was tilling the land since last seven generations. The accused persons, thereafter, surrounded the informant/deceased seeing which her son Suresh Ram (P.W. 4) fled away. It was alleged by the deceased that appellant no. 1, namely, Dharm Nath Ram dealt a farsa blow to her with intention to kill which fell upon her right temple and her temple and right cheek were cut. She further alleged that the same appellant dealt another farsa blow by the side of the first injury. The deceased fell down on the ground whereafter, it is alleged, appellant no. 11 Manshi Ram, in order to killing her, dealt a farsa blow which she wanted to ward off by both her hands resulting into fingers of her hands being cut. It was alleged by her that the remaining accused persons also dealt blows and caused injuries to her by means of lathi, danda, farsa and bhala. Witnesses like Deepan Ram (P.W. 1), Marai Ram (not examined), Muni Ram (P.W. 2), Suresh Ram (P.W. 4), Fulwa Devi (not examined) and others came there and they also saw the occurrence.

(3.) THIS fardbayan, as pointed out by us earlier, was recorded by the I.O. at the very field where the assault was given to the deceased. The fardbayan has been marked Ext. -3. It appears that the officer who recorded the document sent it to the police station for institution of a case and, accordingly, FIR Ext. -4 was drawn up on the same day, i.e., 2.12.1988. The police investigated into the case and during that course, collected evidence and finding materials sufficient for putting the appellants on trial, forwarded them by submitting a charge -sheet. This was how the case appears put on trial, which ultimately resulted in the conviction and sentence as indicated at the very outset and lastly into this appeal.