BASUDEO SAHUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals arise out of the same judgment and also heard together and are being disposed of by this common judgment.

(2.) The appellants filed these appeals against the judgment of conviction and sentence passed by Shri P.N. Yadav the then 3rd Additional Sessions Judge, Hazaribagh in S.T. No. 97/81 convicting the appellants under Sections 302/149, IPC and sentencing them to undergo for life.

(3.) The case of the prosecution in brief as stated that on 15-8-1980 at about 6.30 p.m. one Churaman Gopelodged an FIR claiming therein that he along with Shyam Lal Gope, Hart Gope and Tako Gope (deceased) were ploughing paddy crops at their field at about 11 a.m., when the accused persons namely, Basudeo Sao, Lalji Sao, Janki Sao, Gujar Sao, Baleshwar Sao, Kedar Sao, Chintaman Sao, Rajendra Sao. Deodhari Sao. Ram Sharan Sao, Babulal Sao, Naresh Sao, Bilat Sao, Prayag Sao, Bisheswar Sao, Sobaran Sao, Indradeo Sao, Ambo Sao and 4-5 others came to the field of the informant and surrounded Tako Gope and thereafter all the accused - persons started assaulting him. Basudeo Sao was assaulting with boola whereas other accused-persons assaulted Tako Gope with lathi, as a result of which Tako Gope fell down being injured and died at the spot. The witnesses went at some distance and they saw the occurrence. Imaman Mian, Mahabir Gope and Kamal Gope, the witnesses, have also seen the occurrence as they had reached to the place of occurrence on halla. There is enmity between the both parties due to the land dispute. It is further alleged that due to incessant rain, the informant reached the Police Station til evening at about 6 p.m. and lodged the FIR accordingly, against all the accused persons. The police investigated into the case and submitted charge - sheet accordingly. The case has been committed to the Court of Sessions. All the accused appeared in the Court of the Additional Sessions Judge when the charge under Sections 302/149 was framed against all the appellants to which the appellant denied the allegations.