CHURGUN PAHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and sentence passed by the First Addl. Judicial Commissioner, Ranchi, whereby and whereunder the learned Judicial Commissioner, Ranchi, convicted the appellants sentencing them to undergo rigorous imprisonment for life for the offences under Sections 302/149, IPC.

(2.) The case of the prosecution in brief as stated is that on 22-3-1987 at about 3 p.m. when the people of the village has assembled near 'Sarna tree' on the occasion of Sarhul pooja, the villagers suggested for the change of 'pahan'. This was supported by the father of the informant (deceased) and at the relevant time the accused Churgun was the 'pahan' of the village since long. When the change of 'pahan' was supported by the deceased, the accused Churgun became excited and he along with his brothers and six others, ordered for killing the deceased saying that he is the root cause of all evils and he wants to snatch his 'pahanai'. On the order of the accused Churgun, the accused-persons lifted wooden log which was kept there for fuel (chaila) for cooking food and all of them started beating the informant's father Udayram Baraik and his younger brother Jitendra Baraik as a result of which both the deceased sustained head injuries and died on the spot. The accused-persons assaulted both the deceased with chaila until their death. The accused-persons also tried to catch hold of the informant, but he could somehow manage to escape and raised alarm and thereafter the villagers rushed to the spot, but they could not say out of fear and after killing the father and brother of the informant the accused-persons celebrated it by beating of drum and lunch. The informant rushed to the construction state of Harihar Singh and also brought some of his colleagues and succeeded in catching hold of seven accused-persons from the place of the occurrence. Accordingly, the FIR was lodged and the police investigated into the case and submitted charge-sheet against all the appellants. The learned Judicial Commissioner framed charge against all the appellants for the offences under Sections 302/149, IPC and they were also charged under Section 302, IPC in the alternative.

(3.) The defence as advanced from the side of the appellants that they have been falsely implicated in this case out of enmity. The witnesses were examined in the lower Court and after hearing both the sides, the learned Court below convicted and sentenced the appellants in the manner as stated above by the impugned judgment dated 27-7-1989.