NARAD DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 5th of September, 1986 passed by the 2nd Additional Sessions Judge, Arrah in Sessions Trial No. 9 of 1980 arising out of Shahpur P. S. Case No. 3 (1) of 1979 dated 5.12.1979. All the appellants have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant, Narad Dubey is also sentenced to undergo rigorous imprisonment for a period of two years under Section 27 of the Arms Act with a direction that sentences shall run concurrently. One of the accused Achhaibar Dubey was given benefit of doubt and acquitted by the Trial Court.

(2.) The prosecution case in brief is that the informant, Laxaminiya Devi (PW 6) in her fardbeyan (Ext. 2) alleged that in the night of 4/5.1.1979 she was sleeping along with her husband, Krishna Bihari Dusadh in narai at about 2.00 p.m. accused Narad Dubey armed with a gun and accused Kalaktar Dubey, Tarkeshwar Dubey (since dead) and Sheo Mangal Dubey along with two unknown persons entered inside her palani. Two of them caught hold of her and dragged into a room of her gotani Gulab Jharo Devi and closed it from outside. There was firing. Whereupon she raised alarm. Her bhaisur, Sheo Bihari Dusadh and his son, Sri Kant and Ram Pukar Dusadh, her Gotni Bidya Devi and her daughter-in-law,Bhagrashan Devi and other inmates of the house opened the door from outside. They all rushed inside the Marai. She saw her husband lying dead and blood was oozing out from his neck. She further stated that for about 8-10 years, there was a land dispute and cases were pending with the accused persons which was the motive of the occurrence. She alleged that she and her family members identified the accused persons in the torch-light flashed by the accused persons. A lantern was also burning in the Marai. She went to the Police Station situated at a distance of about 3 miles along with her Bhaisur, where on her statement first information report was drawn up (Ext. 2) ard the case was registered.

(3.) The defence case, as emerges out from the suggestions given to the PWs, that the accused persons have been falsely implicated in this case Krishna Bihari Dusadh, died in a dacoity, and not in the manner, as alleged by the prosecution.