INDRADEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 19.6.1997 passed by 1st Additional Sessions Judge, Khagaria, in Sessions Trial No. 439/89 convicting and sentencing the appellants to undergo life imprisonment and to pay a fine of Rs. 2000/ -, in default to undergo further R.I. for six months under section 302/34 of the Indian Penal Code (in short, I.P.C.) and R.I. for three years under section 27 of the Arms Act. The sentences have been ordered to run concurrently.

(2.) THE case of the prosecution in short is that on 1.7.88 at about 7 A.M. the Informant Chandradeo Yadav (since dead) was serving tea to a barat party at the darwaja of one Sone Lal Yadav. His brother Bindeshwari Yadav was also there. Thereafter Bindeshwari Yadav proceeded for purchasing tea leaves from the shop of one Bishundeo Sah. The informant also followed him for purchasing other articles. When Bindeshwari Yadav reached near a middle school all of a sudden 14. -15 persons variously armed with guns, pistols and lathis surrounded him. Amongst those persons the informant identified appellant Indradeo Sharma armed with a double barrel gun, appellant Surya Narain Sharma armed with a gun and co -accused persons, namely, Chhotan Sharma armed with a single barrel gun, Doman Sharma armed with rifle, Ramji Sharma armed with a pistol, Bishundeo Sharma armed with 303 rifle, and Pahlu Sharma and 4 -5 unknown persons armed with lathis. Appellant Surya Narain Sharma and Indradeo Sharma fired one shot each from their guns causing injuries on the temple and jaw of Bindeshwari Sharma who fell down with bleeding injuries. The informant raised 'hulla '. The appellants and their companions fled towards Ghusmari village. When the informant went near his brother he found him dead. In the meantime, witnesses, namely, Wazir Yadav (PW 4), Ramdeo Sah (PW 1), Saheb Yadav (not examined) and Sato Yadav, (PW 3) came there running and saw the occurrence. The informant went to Bishunpur Police Station and got the FIR (Ext. 1) registered at 8.45 A.M. on the same day by SI Arun Kumar Tiwary (PW 6) who was posted at that time as Officer -in -charge of that police station. After recording the FIR, Arun Kumar Tiwary (PW 6) himself took up the investigation of the case, visited the place of occurrence where he found the dead body of Bindeshwari Yadav, prepared inquest report (Ext. 2), collected blood stained soil and prepared seizure list (Ext.3) and after completing investigation submitted charge sheet against both the appellants showing them absconders as well as against co -accused Doman Sharma, Pahlu Sharma, Mohan Sharma and Hareram Sharma under sections 147, 148, 149 and 302 of the I.P.C. and 27 of the Arms Act. Chhotan Sharma, Ramjee Sharma, Bishundeo Sharma and Sagar Sharma who were named in the FIR were not sent up for trial. After commitment of the case to the court of sessions both the appellants appeared before the court of sessions. Charges under different heads against the appellants and other co -accused persons were framed which were subsequently amended. Finally charges under sections 302/34 and 148 I.P.C. and 27 of the Arms Act against both the appellants, charges under sections 302/149 and 148 I.P.C. against co -accused Doman Sharma and Mohan Sharma, and charges under sections 302/149 and 147 I.P.C. against co -accused Hare Ram Sharma and Pahlu Sharma were framed. After trial the court below acquitted co -accused Doman Sharma, Mohan Sharma, Hare Ram Sharma and Pahlu Sharma but convicted and sentenced both the appellants to undergo life imprisonment and to pay fine of Rs. 2000/ - in default to undergo R.I. for six months under section 302/34 IPC and to undergo R.I. for three years under section 27 of the Arms Act.

(3.) THE case of the defence before the court below was that deceased was a veteran criminal and was convicted in a case of dacoity. He had many enemies and he might have been killed by some unknown persons but the appellants have been falsely implicated in this case on account of enmity.