TALEBAR GARARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Ziauddin Mian in Criminal Appeal No. 103 of 1986 has come to this Court against his conviction under Sections 302 and 379 of the Indian Penal Code (for short IPC) and under Section 3 of the Explosive Substances Act and sentence of life imprisonment, 2 years and 7 years awarded to him under the respective counts. Appellant Talebar Mian in Criminal Appeal No. 80 of 1986 has challenged his conviction under Sections 302/34 and 307 and also under Sections 4 and 3/6 Explosives Act and sentence of life imprisonment 2 years, 5 years and 5 years awarded to him under the respective counts. Appellants Anandi Gareri, Dil Mohammad, Jokhan Gareri, Banarsi Gareri, Gauhar Mian, Siddique Mian, Kamrul Mian alias Kamaruddin Mian, Mahadeo Gareri and Ram Gareri have filed the Criminal Appeal No. 102 of 1986 against their conviction under Section 379, IPC and sentence of 2 years rigorous imprisonment awarded to them. Appellant Ram Gareri has further been convicted under Section 324, IPC and sentenced to 2 years rigorous imprisonment. Accused Samsul Mian, Asso Mian and Etwari Mian have already been acquitted by the learned Sessions Judge.

(2.) The case of the prosecution, as appears from the fard -beyan (Ext. 9) given by Chuto Singh (P.W. 9) on 18 -3 -1975 at 3.5 P.M. is that the occurrence took place in a field bearing Khesara No 4275 of khata No. 455 in village Gamarhiya. Police Station Khaira District Munger (hear the house of appellant Ram Gareri). The informant has said that about nine days ago, he, Moti Singh, Nageshwar Mishra (P. W. 3) and Haider Mian (P.W. 2) had purchased 0.25 acres out of total area 13.2 acre of plot No. 4275 pertaining to khasra No. 455 by a sale -deed for Rs. 2000/ - from Prabhu Chamar, Dhano Chamar and Bano Chamar residents of village Gamarhiya then residing in village Singria Police Station Lakhisarai. In that plot wheat crop was standing in a portion and the rest was vacant. The wheat crop had been sown by Haider Mian is bataidar. On the day of occurrence (18 -3 -75) Haidar Mian came and told the informant that the accused persons of village Gamarhiya and Jito Gareri at the bahest of Asso Mian (acquitted accused) were cutting the crop. Thereupon the informant along with bis son Nawal Kishore Singh (deceased), Shailja Prasad Singh (P.W. 1) and Haidar Mian (P.W. 2) went to the field and on reching the spot they found the accused parsons cutting the wheat which they were asked not to do. Thereupon appellant Ram Gareri said "Maro". Then appellant Talebar Gareri picked up a jhola from the wheat field and appellant Ziauddin Mian threw the bomb on the informant. The informant party ran towards south Whereafter the second bomb was thrown by Ziauddin which hit Nawal Kishore Singh (son of the informant) in the back and exploded causing injury to him. He fell down in the Arhar field of Bodu Chamar and started crying and became restless. The informant rushed to save his son. Then accused Ram Gareri chased the informant with saif and assaulted him on his head with the said saif in the Arhar field of Juval Chamar. The informant raised his hands on his head and sat down, In the meantime, Jokhan Gareri, Banarsi Gareri, Mahadeo Gareri, Anandi Gareri, and Gauhar Mian began to assault him with lathis on his hands, legs and back. On account of the assaults the informant closed his eyes for sometime and when he regained senses, he saw accused Samsul Mian, Siddique Mian, Jokhan Gareri and Ram Gareri lifting him and Etwari Mian, Dilmohamed Mian, Gauhar Mian and Banarsi Gareri lifting and carrying away Nawal Kishore Singh injured son towards the village Gamarhiya. This highhandedness was protested by the informant. But Asso Mian asked the accused to hurry up as a case of dacoity at the house of Ram Gareri was to be filed against the informant party. The informant and his son were being carried away side by side. The informant was brought to the east of the Ram Gareri's house and kept there and his son was also kept near eastern door of Ram Gareri. Then all the accused persons entered into the house of Ram Gareri. The informant did not know as to what happened inside the house. After sometime Asso Mian raised alarm that Nawal Kishore Singh was dead. The informant began to weep on hearing about the death of his son. Thereafter the accused ran away. This occurrence was seen by the prosecution witnesses who had accompanied the informant and his son while being taken by the accused persons. On the basis of this fard -beyan recorded by Ramlakhan Prasad Srivastava, Sub -Inspector of Police (P.W. 15) since retired, a first information report was drawn on the same day i.e. 18 -3 -1975 at 11 -30 P.M. at Police Station Khaira and investigation was started. The dead body was sent for postmortem examination by (P.W. 15). After completion of the investigation charge -sheet was submitted.

(3.) The accused in defence denied the prosecution case and alleged that they have been falsely implicated in this case. They said that no occurrence had taken place as alleged by the prosecution. A counter first information report had also been lodged on the same day at 11.00 A.M. by Ritu Gareri brother of accused Ram Gareri against Chuto Singh (informant) and his brother Moti Singh, Nawal Kishore Singh (deceased), Sobrati Mian, Haidar Mian (P.W. 2), Nageshwar Mishra (P.W. 3), alleging that the field in question belonged to Ram Gareri and he had actually sown wheat crop and at the time of occurrence he was harvesting the wheat crop along with Rito Gareri and the labourers and in the meantime Chuto Singh (informant) armed with bhala, Nawal Kishore Singh (deceased) armed with saif, Haidar Mian and Jumrati armed with lathis and Nageshwar Mishra came with bhala. Nageshwar Mishra exploded a bomb which fell in the field of Bhodu Chamar and Nawal Kishore Singh (deceased) was hit by the explosion. They brought Nawal Kishore Singh at the house of Ram Gareri whereupon Chuto Singh had filed a false case against some accused persons. Further defence case of the accused was that Chuto Singh and Nawal Kishore Singh were not assaulted by the accused party. In support of their case the accused persons examined seven witnesses. Sri Bijoy Kishore Singh, Advocate proved an affidavit (Ext. C) of Haider Mian that he had not seen the occurrence. Abdul Raquib (D.W. 2) proved the sale deed (Exts. E and E/1) in respect of the land in dispute in favour of Sukar Gareri father of Ram Gareri and Lal Gareri (deceased). D.W. 3 Banwari Lal and D.W. 4 Dilip Prasad proved receipts. Anandi Gareri one of the appellants appeared as D.W. 6 and deposed about the defence cases. D.W. 7 Krishna Prasad Sinha a lawyer's clerk had proved the complaint filed by Samsul Mian. Learned Counsel for the appellants has also informed us that a case was launched on the basis of a counter information against the appellants under Sections 144 and 379, IPC which has ended in acquittal,