DIWALI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Thakur, learned senior counsel appearing for the appellants and learned Addl. Public Prosecutor appearing on behalf of the State.

(2.) These appeals are directed against the judgment dated 17.04.2013 and the order of sentence dated 26.04.2013, passed by the Additional District and Sessions Judge,VI, Patna City in Sessions Trial No. 1080 of 1996, whereby and whereunder the appellants, namely, Arun Paswan and Diwali Paswan, have been convicted under sections 302 of the Indian Penal Code and Section 27 of the Arms Act. They have been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code with a fine of Rs. 10,000/- each and in default of payment of fine they had further been directed to undergo rigorous imprisonment for six months. Both of them have also been directed to undergo three years of rigorous imprisonment under Section 27 of the Arms Act with a fine of Rs. 3000/- and in default of payment of fine, they Patna High Court CR. APP (DB) No.539 of 2013 dt.01-05-2019 have been directed to undergo rigorous imprisonment for three months. All the sentences have been directed to run concurrently. The appellant, namely, Lalkishun Paswan, has been convicted under Section 302/149 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Section 302/149 of the Indian Penal Code with a fine of Rs. 10,000/- and in default of payment of fine he had further been directed to undergo rigorous imprisonment for six months.

(3.) The prosecution case, in brief, is that while the informant along with this father (deceased) was sleeping in the night of 07.03.1996 at 4.00 A.M. at the Dalan, he heard the unusual sound of "Habgag" and awoke and saw the accused persons namely, Arun Paswan, Diwali Paswan carrying country made rifle and accused Lal Kishun Paswan, Laldhari Paswan, Mochhu Paswan, Parmanand Paswan, Sachidanand Paswan, Kamal Ravidas, Naresh @ Sheru Ravidas and Biru Ravidas carrying pistol in their respective hands arrived at his Dalan and the accused persons dragging his father, namely, Kameshwar Ram from Dalan taken him to the Gali. On alarm being raised by the informant and his father, the witnesses, namely, Suranga Ram, Deo Kumar Ram, Deoashray Ram and Kamlesh Ram arrived there and witnessed the occurrence. It is the case of the prosecution that the accused persons by dragging the father of the informant brought him to the Gali which is opposite to the house of Devashray Ram where accused Lal Patna High Court CR. APP (DB) No.539 of 2013 dt.01-05-2019 Kishun Paswan gave the order to shoot him thereon Arun Paswan fired upon the deceased with rifle on the chest and accused Diwali Paswan also fired with rifle upon the right hand of the deceased as a result he died at the spot. The informant further alleged that while the people of village were singing the song of Holi near Gouraiya Asthan where the informant's brother, Ranjet poured color on Kanchan Kumari, daughter of Rajendra Paswan due to which some altercation took place between them but the same was pacified at the instance of the villagers. The informant apprehended that on account of altercation which took place in light of pouring colour to Kanchan Kumari, the father of the informant was killed by the accused persons.