KESH KUMAR PANDEYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) KESH Kumar Pandeya, who is appellant in Criminal Appeal No. 458 of 1986 and Sheojag Pandeya, appellant in Criminal Appeal No. 487 of 1986 are aggrieved by the judgment and order dated 8.3.1986 passed by the 2nd Additional Sessions Judge, Arrah, convicting and sentencing both of them to undergo rigorous imprisonment for life under section 302 of the Indian Penal Code in Sessions Trial No.32 of 1984 arising out of Sikrahta (Tarari) P.S.Case No. 87 of 1983. As both the appeals are against the same judgment and order, they are being disposed of by this common judgment.

(2.) THE case of the prosecution in short is that the informant Jai Ram (P.W.3) on the night of 1.7.83 was sleeping in his house situate at Village Sikraul P.S.Sikrahta (Tarari), District Bhojpur and at about 12 O 'Clock in the night he woke up for urination and he came out of his house and sat in front of his house for urination. His wife also came out of the house and was standing near him. The informant and his wife then saw three persons hiding besides the house of Hiralal Dawakar who became ready to catch hold of the informant and the informant then entered his house and tried to close the door from inside but those three persons started pushing the door from outside in order to open the door but the informant finally managed to close the door from inside. Thereafter the informant heard sound of firing of two rounds and he also heard the cries of his uncle Jugal Ram (P.W.2) asking for water. The informant with his wife then after opening the door came out of the house and found that his cousin Awadhu Ram was lying injured with injuries caused by fire arms on his neck and chest. The further case of the prosecution is that the informant and his wife had seen three persons through the door of their house out of whom two were tall and the third one was short figured. Awadhu Ram died at the spot because of injuries sustained by him. The dead body of Awadhu Ram was then taken to Fatehpur out -post and the informant along with Bankey Bihari Rai (D.W.1) and Bhim Ram (P.W.8) went to Sikarahta Police Station where his fardbeyan (Ext.2) was recorded by S.I. Harihar Lal (P.W.10). In the fardbeyan the informant stated that perhaps the deceased might have told the names of the assailants to his father Jugal Ram (P.W.2), who is uncle of the informant who was the first man to go near the deceased. On the basis of the fardbeyan, formal FIR (Ext.3) was drawn up and Harihar Lal (P.W.10), the I.O., visited the place of occurrence, prepared inquest report (Ext.4) of the dead body, seized blood stained earth from the place of occurrence, prepared the seizure list (Ext.5) and after investigation submitted charge -sheet against both the appellants. Cognizance of the case under section 302 IPC was taken and the case was committed to the Court of Session where both the appellants faced trial and were convicted and sentenced as indicated above.

(3.) IN order to prove its case the prosecution has examined 10 witnesses. Dharikshan Chaudhary (P.W.1) and Bhim Ram (P.W.8) have been tendered by the prosecution. Jai Ram (P.W.3) is informant and Sheodaso Devi (P.W.5) is the wife of the informant. Jugal Ram (P.W.2) is the father of the deceased. Munmahesh Ram @ Maheshwar Ram (P.W.4), Rajaram Ram (P.W.6) and Raj Kumar (P.W.7) are the witnesses who had seen both the appellants running away from the place of occurrence immediately after the occurrence. P.W.9 Ramakant Tripathy is the doctor who had conducted autopsy and P.W.10 Harihar Lal is the Investigating Officer of the case.