JAMUNA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Yamuna Prasad, Chirai Mahato, Balram Singh, and Bhekhraj Mahato (etc.), appellants Nos. 1 to 8 respectively, stand convicted under Section 302 of the Indian PenalCode, and each of them has been sentenced to undergo imprisonment for life. Appellants Nos. 1,2,3, 5 and 6 have also been convicted under Section 302 read with Section 149 of Indian Penal Code,and sentenced to undergo imprisonment for life. Appellant Nos. 1,2,3,4, 7 and 8 have also beensentenced to undergo Rigorous Imprisonment for three years each under Section 148 of Indian Penal Code and appellants Nos. 5 and 6 to undergo Rigorous Imprisonment for two years each under Section 147 of Indian Penal Code. Appellant Nos. 1 and 3 stand further convicted under Section 324 of Indian Penal Code, and each of them sentenced to undergo Rigorous Imprisonment for two years each under that charge. Appellants Nos. 5 and 6 have been sentenced to undergo Rigorous Imprisonment for one year each under Section 323 of Indian Penal Code. However, the sentences of all these appellants have been ordered to run concurrently. Feeling aggrieved, they preferred this appeal.

(2.) The prosecution version, in brief, is that on 11/11/1978 from 9-00 a.m. onward, the informant Md. Latif P.W. 23 along with his family members and near relations Subhan Mian P. W. 22, Zakir Mian P.W. 6, Shahadat P.W. 4, Noor Md. P.W. 10, Qudir Mian P.W. 12, Mahendra Donda P.W. 21, Sharifan Khatoon P.W. 17, Kisuma KluitotmP.W.18, Mumtaz Begum P.W.20, Zaibun Khatodn P.W. 161 Saibu Nishat P.W. 14, Jamila Khatoon P.W. 15, and Zubeda Khatoon P.W. 19, all P. Ws., Mansoor Mian and Kale, both deceased, as also Rafique Mian, Jirwa, Fatwah Khatoon, Shakila Khatoon and others were cutting and taking away paddy from Belwa Dohar within the revenue estate of village Zilonga when the eight appellants along with their eighteen companions namely Jang Bahadnr, Hamlal, Nattdtti, Rebu Mahato, Jagat, Vijay Bahadur, Udho Yada:v, Loknath, Fateh Bahadur, Yugal Kishore, Nageswar, Jira alias Girwar, Mahabir Pandey, Mahabir Mahato. Kale, Mahato, Ramnandan and Sohan Mistry, since acquitted, and Ayodhya prasad Singh, since dead, had arrived there at 2-00 p.m. armed with guns, swords, Gandasa and lathis. Ramnandan, Mahabir Mahato and Rebu Mahato as also the appellant Nos. 2 and 7 were then armed with guns. Ayodhya Pd. Singh, Jagat Mahato, Vi jay. Bahadur and Udho Mahato as also the appellant Nos. 1,3, 4 and 8 were armed with swords and Gandasas and their remaining companions with lathis. After reaching the spot, Ramnandan and appellant No.7 had fired shots at Mansoor Mian resulting in his death. Kale, the other deceased, had received injuries at the hands of appellant Nos. 7 and 8. P.W. 22 was caused injuries by appellant Nos. 1 and 3. P.W. 6 had been injured because of the shot fired by appellant No.2. P. W. 21 had received injuries because of the short fired at him by appellant No.8. P.W. 10 was injured by appellant No.6 and P. W. 9 by appellant No.5. On hulla raised by the above named members of the informant party, Ramzan Mian, Yusuf Mian, Abbas Mian, Bandhu, Giru, Ramu, Prahma etc. had arrived and they had also seen the occurrence. The reason for opening assault on the members of the informant party was that they were in possession of the land, which they had previously purchased through registered deed. Regarding that crime, P.W. 23 had made a fardbeyan Ext. 5 before A.S.1. Ram Kumar Singh P.W.24 on the same day at 3-30 p.m. On the basis of that statement, formal F.I.R. Ext. 4 ws registered in Police Station Balumath on the same day at 9 a.m. Investigations were carried out and after completion of the same, the appellants along with their above named companions were chargesheeted. Ayodhya Prasad Singh, one of the named accused, had subsequently died, and the rest of the co-accused of the appellants have since been acquitted. Therefore, only the appellants have convicted and sentenced in the manner stated above.

(3.) Dr. S.N. Sanyal P.W. had conducted post-mortem examination on the dead body of Kale on 12- 11-1978 at 1-00 p.m. and had found the ante-mortem injuries on the same as follows: A nearly oval incised wound of about 2.5 x iTT was found in the right hypochondria with inverted edge, coils of small intestine was protruding out of the wound. A linear incised wound in from of left shoulder 3 x 1/8 x subcutaneous tissue deep with tailing from above downwards. He had further opined that the death was caused by shock and haemorrhage as a result of the injuries which were caused by sharp cutting weapons and pointed weapons and homicidal in nature. He also proved the post-mortem examination report (Ext. 6) written and signed by him. Dr. S.N. Sanyal P.W. had also stated that on that clay at 1 p.m. he had conducted postmortem examination over the dead body of Mansoor Mian and had found the following ante-mortem injuries: (i) Perforated wound on right chest wall in front of the 4th fib, about 1/5 from the lateral border sternum-1/3T in iT diametre circular with inverted edge. The surrounding skin showed blackening and searching. (ii) Punctured wound on left shoulder infront nearly circular-1/3% in diameter with blackening for the surrounding skin. (iii) Punctured wound about 2 lateral to wound No. (ii) about 1/4 in diameter with blackening of skin wound. He also opined that the injuries were caused by gun shots and they were homicidal in nature. The gun shots were fired from a very close range. He had also proved the post-mortem examination report of the deceased Mansoor Mian. The postmortem examination report is Ext 6/1.