CHHABILA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment arid order dated 15 -12 -1986 passed by the 3rd Additional Sessions Judge, Siwan in Sessions Trial No. 52 of 1986 convicting and sentencing all the appellants to undergo imprisonment for life for the offence under Sections 302/34, I.P.C. and R.I. for 7 years each for the offence under Section 307, I.P.C. Appellants Chhabila Choudhary and Jawahar Choudhary have been further convicted and sentenced to undergo R.I. for one month each under Section 323, I.P.C. All the sentences have, however, been ordered to run concurrently.

(2.) The facts of the case, in short, are that Subedar Choudhary (P.W. 1), the informant, got his fardbeyan recorded by S.I. Sachchidanand Bajpayee (P.W. 4) on 31 -5 -85 at Sadar Hospital Siwan stating therein that on the same day i.e. on 31 -5 -85 in the morning he had gone to see bullock in village market along with his "Samdhi" Mahabir Choudhary who had come to him for purchasing bullock and they both at 11.30 a.m. returned to the informant's house situated at Village Kharati, P.S. Hussainganj, District Siwan and they both were sitting at the 'Darwaja' when all of a sudden, the appellants along with Chandrawati Devi wife of appellant Chhabila Choudhary and Bartni, wife of Lal Babu Choudhary armed with lathis came there and surrounded the informant and thereafter started abusing him and assaulting all the inmates of the house. When Mahabir Choudhary, the Samdhi of the informant came to help the informant and his family members, the appellants and their companions started assaulting him also as the result of which he became unconscious and fell down on the ground. When Suresh Choudhary, grandson of the informant, who was inside the house came running outside for the help of the informant, he was also assaulted by appellants and their companions with lathis. On hulla Mahendra Choudhary (not examined), Jagarnath Choudhary (P.W. 3) and others came there and they saved the informant and his family members. It is further alleged that the appellants while leaving the house of informant said that they wanted to kill the informant but because of intervention of other persons they were going back but they would kill someone from the family. After this assault, the informant, his 'Samdhi' and his grandson Suresh Choudhary went to Siwan Sadar Hospital for treatment where on 2 -6 -85 Mahabir Choudhary succumbed to injuries. About the motive of the occurrence, the informant stated in his fardbeyan that about 20 -25 days prior to the date of occurrence a quarrel had taken place between females of his family and family of appellant Chhabila Choudhary.

(3.) On the basis of fardbeyan Police drew an F.I.R. under Sections 307/ 323/447/34, I.P.C. in which subsequently Section 302, I.P.C. was also added. The police after investigation submitted charge -sheet against the appellants as well as against Chandrawati Devi and Bartni and the C. J.M., Siwan took cognizance of the offences and committed the case to the Court of Sessions on 11 -2 -86 where charges under Section 302 read with Section 34 of the Indian Penal Code for intentionally causing the death of Mahabir Choudhary in furtherance of common intention, under Section 307, I.P.C. for attempting to commit murder of informant and Section 147 for being the members of unlawful assembly and Section 323 for voluntarily causing hurt to Suresh Choudhary were framed. The Court below after trial did not find Chandrawati Devi and Bartani guilty of any charge and accordingly acquitted them. So far as the case of appellants is concerned, the trial Court found them guilty under Sections 302 and 307, I.P.C. and besides this, found the appellants Chhabilal Choudhary and Jawahar Choudhary further guilty under Section 323, I.P.C. and accordingly, conflicted and sentenced them as stated above.