TRIBENI AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arising out of the judgment of conviction and sentence passed in Sessions Trial No. 69 of 1977 of 30th September, 1986 passed by 2nd Additional Sessions Judge, Arrah are being disposed of by this common judgment. Appellants Tribeni Ahir, Dhorha Ahir and Nand Kumar Ahir of Criminal Appeal 513/86 and appellant Jugeshwar Dubey of Criminal Appeal 515 of 1986 were convicted under Section 302 of the Indian Penal Code and were sentenced to undergo imprisonment for life. Rest seven appellants of Criminal Appeal 513/86 and Surajdeo Dubey (since dead) of Criminal Appeal 515/86 were convicted under Sections 302/149 of the Indian Penal Code and were sentenced to undergo imprisonment for life, while appellant Surajdeo Dubey of Criminal Appeal 515/86 was further convicted under Section 147 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months and ten appellants of Criminal Appeal 513/86 and appellant Jugeshwar Dubey of Criminal Appeal 515/86 were further convicted under Section 148 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for one year. Appellant Sheojee Ahir, Moti Ahir, Nand Kumar Ahir, Laxman Ahir and Teja Ahir were further convicted under Section 307 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for five years with a direction that all sentences would run concurrently. A supplementary affidavit was filed on 12-2-99 sworn by appellant No. 8 of Criminal Appeal 513/86, Negarjit Ahir, informing that appellants Tribeni Ahir, Rameshish Ahir of Criminal Appeal 513/86 and appellant Surajdeo Dubey of Criminal Appeal 515/86 had died during the pendency of these appeals and as such their appeals stand abated.

(2.) Briefly, stated the prosecution case, as mentioned in Fardbeyan (Ext. 2) of informant Ramta Singh (P.W. 7) was that on 13-4-76 the informant along with deceased-Jagannath Singh alias Natha Singh and witnesses Kanhjee Singh (P.W. 6), Kamta Singh (P.W. 1) Murari Singh (P.W. 2) and Rangnath Singh (P.W. 4) had gone to take bath in river Ganges at Teksemer Ghat situated at village Salempur on the occasion of Satuwan festival and after taking bath when they were proceeding to their house at about 8.00 a.m. and had gone 10 to 15 steps ahead from the bank of the river then all of a sudden 12 persons who are appellants came with Barchha and under orders of Surajdeo Dubey they started assaulting the informant and his companions. Further case of prosecution was that Tribeni Ahir, Dhorha Ahir, Nand Kumar Ahir and Jugeshwar Dubey inflicted Barchha injury on Jagarnath Singh alias Natha Singh in his chest, side of chest and on forehead, as a result of which Jagarnath Singh fell down and died. It was further alleged that witness Kamta Singh was attacked by appellants Sheojee Ahir, Moti Ahir and Teja Ahir by Barchha and informant Ramta Singh was assaulted by appellant Nand Kumar Ahir and Jitan Ahir by Barchha and Murari Singh was assaulted by appellant Nand Kumar Ahir by Barchha andRangnath Singh was assaulted by appellant Laxman Ahir by Barchha. According to the informant, on alarm raised by them, Karu Kurmi (P.W. 3), Sheo Bilash Singh (P.W. 5), Awadhesh Dubey, Rameshwar Dubey and other had arrived there and had witnessed the occurrence. It is also alleged that after assaulting them, the appellants fled away and the injured were brought by the witnesses to Salempur Chatti from where they and dead body of Jagarnath Singh were brought to Arrah Sadar Hospital, where injured were treated. Fardbeyan of Ramta Singh (P.W. 7) was recorded by S.I., R. B. Singh (since dead) at Arrah Muffasil Police Station at 11.00 a.m. on 13-4-76. On the basis of the aforesaid Fardbeyan a formal F.I.R. (Ext. 4) was drawn up and Arrah Muffasil P. S. Case No. 10 dated 13-4-76 was registered against these appellants and the police, after due investigation submitted charge-sheet against them who after commitment were put on trial and were convicted and sentenced as aforesaid.

(3.) The defence of the appellants of Criminal Appeal 513 of 1986 was that they have been falsely implicated in this case due to enmity and that this case has been filed as a counter-blast of their case bearing Arrah Muffasil P. S. Case No. 11, dated 13-4-76 in which on 13-4-76 at 6.00 a.m. when Tribeni Ahir and Ramashish Ahir were watching their bundles of gram and wheat in their Khalihan then the prosecution party armed with deadly weapons attacked and started looting away the bundles of the crops and assaulted Tribeni Ahir and Ramashish Ahir by Barchha and lathi and that Tribeni Ahir and Ramashish Ahir could be saved only on arrival of witnesses and that Fardbeyan of Tribeni Ahir was recorded at 3.00 p.m. on 13-4-76 in the Sadar Hospital, Arrah and that case after commitment is also pending as Sessions Trial No. 449/77. The defence of appellants of Criminal Appeal 515/86 was that they have been falsely implicated in this case and that the prosecution party was aggressor who assaulted Tribeni Ahir and Ramashish Ahir by deadly weapons. It was further claimed that they were implicated at the instance of Kanhjee Singh with whom Rupees 6,000/- of appellant Surajdeo Dubey was due which he was not returning and in order to grab the money they were implicated.