LAXMAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the aforesaid six appellants were convicted and sentenced in Sessions Trial No. 325 of 1997/Tr. No. 106 of 2010. The appellants by judgment dated 27-09-2012 have been convicted for commission of offence under Sections 147, 302/149 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.') and by order dated 01-10-2012, all the appellants under Section 147 of the I.P.C. have been sentenced to undergo rigorous imprisonment for one year. By the said order i.e. order dated 01-10-2012 under Section 302/149 of the I.P.C., they have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 8,000/- (eight thousand) each. In default of payment of fine, they have been directed to further undergo imprisonment for eight months. The judgment of conviction and sentence was passed by Sri Vijay Kumar Pandey, learned Adhoc Additional Sessions Judge - II, Aurangabad (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 325 of 1997/Tr. No. 106 of 2010 (arising out of Tandwa P.S. Case No. 15 of 1996).

(2.) Short fact of the case is that on 28-05-1996 at 04.30 hrs., the Sub-Inspector of Police-cum-Officer incharge of Tandwa Police Station namely S.K.Jha (not examined) recorded fardbeyan of Saman Paswan (P.W.6) son of late Ramdeo Paswan (deceased). The said fardbeyan was recorded near the door of the informant. In the fardbeyan, the informant disclosed that on the preceding night i.e. on 27-05-1996 at about 08:00 PM, he alongwith other family members were sitting outside his door and having discussion, in the meanwhile, aforesaid six appellants arrived there. At the same time, from eastern side, five unknown accused persons, amongst them, three were carrying gun in their hand and other two were without any arms wearing [1] (loongi-ganji) arrived there. Laxman Paswan (appellant no. 1) then pointing out to Ramdeo (deceased) said that he was the person, who had put obstacle in the marriage of son of Satnarayan and due to which, his marriage could not be solemnized. He exhorted to carry (budhwa) and thereafter, the informant and all the family members started to request accused persons not to do the same, however; the accused persons without adhering to their request caught hold of (budhwa) i.e. father of the informant and carried him forcibly towards south-eastern [3] (ahra) of the village. The informant started to follow them, however; he was scolded by the accused persons. After some time, the informant alongwith other villagers went near the field of Vishwanath Singh and from opposite [3] (ahra), the informant saw that his father was squirming in the field of Vishwanath Singh. Thereafter, the informant, with the help of others, lifted his father and carried him to his house. After arrival, he (Ramdeo) died in his house. The informant claimed that the five unknown accused persons, who had come there, can be identified after seeing them, since it was moonlight and near the door, light of [4] (lalten) was also there. The informant further stated that the aforesaid accused persons of the village were repeatedly threatening them for dire consequences. The said fardbeyan was read over to him and after finding it correct, he put his L.T.I. (Left Thumb Impression) on the same.

(3.) On the basis of said fardbeyan, on the same date i.e. on 28-05-1996 at 06:00 AM, a formal F.I.R., vide Tandwa P.S. Case No. 15 of 1996, was registered for offence under Sections 147, 148, 149, 302, 120(B) of the I.P.C. against all the aforesaid appellants and five unknown accused. After registering the case and during investigation, accusation was found true against accused persons and as such, on 02-09-1996 chargesheet was submitted against all the six appellants. Thereafter, on 17-09-1996, learned Chief Judicial Magistrate, Aurangabad took cognizance of the offence and case was committed to the court of sessions on 07-12-1996. On 31-05-1997, charge was jointly framed against all the appellants under Sections 147 & 302/149 of the I.P.C.