PUTUL JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Additional Public Prosecutor appearing for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence dated 22nd March, 1995, passed by the learned Additional Sessions Judge-I, Saharsa in Sessions Trial No. 78 of 1993/9 of 1993, arising out of GR No. 1207 of 1991/Trial No. 714 of 1992, whereby and whereunder appellant Binay Jha has been convicted for offence punishable under sections 302/34 and 324 of the Indian Penal Code as well as under section 27(1) of the Arms Act. Other two appellants Putul Jha and Heman Choudhary have been convicted for the offence punishable under sections 302/34 of the Indian Penal Code. All the convicts Binay Jha, Putul Jha and Heman Choudhary have been sentenced to undergo imprisonment for life for the offence punishable under sections 302/34 of the Indian Penal Code. Convict Binay Jha has been, further, sentenced to undergo rigorous imprisonment for three years for the offence punishable under section 27(1) of the Arms Act and for one year for the offence punishable under section 324 of the Indian Penal Code. All the sentences have been ordered to run concurrently.

(3.) Prosecution'S case, based on the fard beyan of one Bimla Devi (PW 3), wife of Shobha Nand Jha (deceased) of village Bargaon, Police Station Basanahi, District Saharsa, is that on 18.11.1991 at about 10 to 11 AM her husband along with his 1 years old grand son in his lap, had gone to witness cricket match. At around 2 to 2.30 PM, she went to offer puja to Bishara Asthan where she met her husband and the grand son who were returning to the house after witnessing the match. She further states that on her indication her husband halted at Krishna Mandir waiting for her to return to the house together. PW 3 states that, thereafter, she entered into the temple to offer puja. Meanwhile, she heard the sound that 'finish him at this place'. She quickly came out and saw Putul Jha, Vinay Jha and Heman Jha. Putul Jha and Heman Jha were armed with bow and arrow, whereas Vinay Jha was armed with country made pistol. First of all Putul Jha hurled arrow hitting right side chest of her husband, thereafter she started raising hulla. In the meantime, Vinay Jha fired causing injuries on the cheek of her grand son and chest of her husband. Heman Choudhary also inflicted arrow injury on the chest of informant's husband who died at the spot. She further stated that on her hulla PW 8 Ajay Kumar Jha, PW 1 Lalo Jha @ Lal Jha, PW 4 Uday Jha and others came to the spot and took the dead body to the informant's courtyard. On the information made by PW 8 Ajay Kumar Jha, police reached the village and recorded fard beyan (exhibit 5) of PW 3, Bimla Devi on 18.11.1991 at 4.30 PM giving rise to registration of formal FIR (exhibit 6). Police, after completing investigation submitted charge sheet on the basis of which cognizance of the offence was taken against the aforesaid three accused persons and finally the case was committed to the court of sessions vide order dated 10.5.1993. Appellants in their statement denied the prosecution allegation and claimed to be innocence.