JHAPSA KABARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. In Sessions trial No. 63/81/6/82 on the file of 2nd Addl. Sessions Judge, Madhubani, 17 persons were placed on trial having been charged under Sections 302/34 and 148 of the Indian Penal Code for having intentionally and knowingly causing the death of three persons, namely, Ram Sewak Singh, Sheetal Singh and Santosh Singh in furtherance of their common intention. The incident which led to the trial and conviction of the accused -persons happened on 10 -9 -1980 at village Chhatauni, P.S. Basopatti in the district of Madhubani. The accused -persons were further charged under Sections 449 and 380 of the Indian Penal Code. Appellant Israil Kabari was separately charged under Section 302, I.P.C. simpliciter for having committed murder of Shital Singh while Dipan Singh @ Deep Narain Singh was also separately charged for the murder of Ram Sewak Singh. Three persons, namely, Bhikhar Raut, Tahir Kabari and Terni Prasad Singh were charged under Section 302/34 of the Indian Penal Code for committing murder of Santosh Kumar Singh son of Khattar Singh aged about three years. Two persons were acquitted. All the appellants have been convicted under Section 302/34, I.P.C. and sentenced to imprisonment for life. They have also been convicted under Sections 148 and 449, I.P.C. and sentenced to three years mad ten years' imprisonment respectively. Appellants Bhikhar Raut, Tahir Kabari and Tarni Prasad Singh have further been convicted under Section 364, I.P.C. and sentenced to ten years' imprisonment. All the sentences were to run concurrently.

(2.) In Cr. Appeal No. 85 of 1985, there are five appellants. The appellant No. 1 Nirsu Narayan Singh is dead. So this appeal stands abated so far appellant No. 1 is concerned. In Cr. Appeal No. 173 of 1985, the sole appellant Dip Narayan Singh @ Dipari Singh died on 12 -11 -1990. Hence, this appeal stands abated.

(3.) The prosecution story has been accurately narrated by the learned trial Judge as follows: 2. The lamentable incident ending in three lives took place at about raid -day on 10 -9 -1980 at village Chhatauni, P.S. Basopatti within the District of Madhubani. The case of the prosecution is that on the day of the occurrence in the fore -noon at about 10 to 10.30 a.m. there was a murder of Nasib Kabari. The accused -persons and some other persons of the village got into their heads that in that murder, Ram Sewak Singh and Shital Singh (both deceased) and Khattar Singh had their active hands and as such at about 11 to 11.30 a.m. the accused -persons forming an unlawful assembly of about fifty to sixty persons came armed with deadly weapons like Gun, Bhala, Garasa and Farsa towards the house of Ram Sewak Singh and Shital Singh having a common Angan and Khattar Singh having his house close to them. Khattar Singh was not present and had got out for purchasing the buffaloes while both the deceased Ram Sewak Singh and Shital Singh (cousin brothers) were sitting at their darwaja and the informant Ramadhar Singh son of Shital Singh was sitting there. They heard a sound of gunfire and the unlawful assembly. Out of fear both the deceased entered into their house and from the rear door of their Angan, they went into the Angan. of their neighbour Sarjug Singh situated contiguous south of their house and entered and concealed themselves in the western room facing east and closed the door of the room from within. In the meantime, the unlawful assembly consisting of the accused -persons came inside the Angan of Sarjug Singh. Accused Tarni Prasad Singh and Mod Narayan Singh being armed with Gun and accused Dineshwar Raut, Israil Kabari, Bhola Singh and Jhapsa Kabari being armed with Farsa and Bhala climbed on the roof of the room in which both the deceased had concealed themselves and after removing the straw, accused Tarni Prasad Singh fired from his gun inside the room and accused Thapa Thakur pierced his Bhala from the roof inside the room Accused Mod Narain Singh also fired from his gun. The rest of the accused -persons were trying to break and push open the door of the room and finally they succeeded in breaking open the door of the room. Thereafter, both Ram Sewak Singh and Shital Singh were dragged out of the room and brought in the Angan. Accused Deepan Singh sat 011 the chest of Ram Sewak Singh and cut the neck by means of a Hasua (Sickle). Accused Bhikhar Raut who was holding a gun handed over his gun to accused Nirsu Narain Singh and took Farsa from him and gave several Farsa blows to both Ram Sewak Singh and Shital Singh. Accused Israil Kabari who had climbed on the roof of the room came down with his Bhala and have a deadly blow by piercing Bhala on the abdomen of Shital Singh. Both Ram Sewak Singh and Shital Singh died instantaneously. Thereafter, the members of the unlawful assembly including the accused -persons looted articles from the house of both the deceased persons and Sarjug Singh. Thereafter, they came out and went at the house of Khattar Singh. The wife of Khattar Singh named Nandini Devi was in the Angan holding her only son, Santosh Kumar Singh in her lap and Pawan Devi was also in the Angan. Alter entering inside the house, the accused -persons looted her articles, assaulted Nandini Devi and accused Bhikhar Raut, Tarni Prasad Singh and Tahir Kabari snatched the child Santosh Kumar Singh and went away.