BAIJNATH KUNDU ALIAS BHAKSOO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants have been convicted under Sec. 302 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. They have also been convicted under Sec. 148 of the Indian Penal Code and have been.sentenced to undergo rigorous imprisonment for two years each. The sentences have been ordered to run concurrently.

(2.) These appellants were put on trial, along with five others, who have since been acquitted. They were charged under Sec. 302 read with Sec. 149 of the Indian Penal Code, for being members of an unlawful assembly with the common object or committing the murder of Thakuri Ram. They were also charged under Sec. 147 of the Indian Penal Code. Accused Kabutri Devi was further charged under Sec. 323 of the Indian Penal Code for voluntarily causing hurt to the informant, Lalita Devi (P.W. 5), and accused Devendra Kandu, Bima Kandu, Ghonchu Kandu and Rajballam Dusadh were further charged under Sec. 303 read with Sec. 149 of the Indian Penal Code, for being members of the unlawful assembly with the common object of assaulting Kalawati Devi (P.W.4). As stated above, these five accused persons were acquitted of all the charges levelled against them by the trial court.

(3.) The prosecution case, in brief, was that on the 5th July, 1971, at about 8 p.m., the first informant (P.W.5) and her deceased father, Thakuri Ram, along with P.W.7 (younger brother of the first informant), were all sitting at their Darwaja. The accused, persons are said to have come over there variously armed with the house of Appellant Mo. 1, Baijnath Kandu, and they dragged Thakuri Ram and took him to the Darwaja of Appellant Baijnath. Thereafter; it is alleged, appellant Baijnath Kandu struck a bhala blow in the left Panjara of Thakuri Ram, and appellant No. 2, assaulted him with a sword. Kalawati Devi (P.W.4), as also the first informant, Lalita Devi (P.W.5), were also the assaulted by Lathi by some of the accused persons. According to the first information report, the motive for the occurrence was that there were certain litigations between the deceased Thakuri Ram on the one hand and the accused persons on the other, and, on the date of the occurrence, there was a date in one of the cases. It was also alleged that appellant Baijnath Kandu was also pressing the deceased to withdraw the cases filed against him.