KAMLESH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are five appellants in Cr. Appeal No. 10/87 and there is single appellant in Cr. Appeal No. 31/87. All the six appellants were tried before the 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 24/85. Madan Pandey, the appellant in Cr. Appeal No. 31/87 was charged under Section 302, I.P.C. for having intentionally and knowingly causing death of Ram Chandra Thakur on 24th May, 1984. The appellants in Cr. Appeal No. 10/87 were charged and tried under Section 302/149, I.P.C. for the act committed by Madan Pandey. All the appellants were further charged under Section 147, I.P.C.

(2.) By judgment delivered on 23rd December, 1986, learned trial Judge convicted all the appellants under Section 302 read with Section 149, I.P.C. and Section 147, I.P.C. and sentenced them imprisonment for life under Section 302/149, I.P.C. No separate sentence was passed for the latter offence.

(3.) The incident leading to the trial conviction of the appellants happened in village Paramjewar P.S. Hathauri in the district of Muzaffarpur in the evening of 24th May, 1984. The she-goat of Surendra Thakur had entered the field of appellant Madan Pandey. Appellant Ram Krishna Pandey, son of Madan Pandey, who was student aged about 16-17 years caught the she-goat in the field. Ram Chandra Thakur, father of Surendra Thakur went in the field and brought back the she-goat and came to his Darwaja. After some time, all the appellants before us came to the Sahan of Ram Chandra Thakur where other witnesses were present. The case of the prosecution and the evidence is that the appellant Mundrika Pandey gave a lathi blow on the head of Ram Chandra Thakur, who fell down and then appellant Lal Babu Pandey caught his legs and appellant Kamlesh Pandey caught the head of Ram Chandra Thakur. Madan Pandey is alleged to have given hammer blow on the chest of the deceased causing instantaneous death of Ram Chandra Thakur on the spot. Madan Pandey was not armed when he came with other accused persons. He picked up the hammer lying at the door of the informant and struck the deceased. All these happened in presence of Nagia Devi, Ram Lakhan Thakur, Sushila Devi, Jageshwar Baitha and other persons.