LAL BAHADUR MUSAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the conviction and sentence passed by 6th Additional Sessions Judge in Sessions Trial No. 415/17 of 1984, whereby he found all the nine appellants guilty under Section 302 read with Section 149 of the Indian Penal Code, 1860 and convicted and sentenced each of them to undergo rigorous imprisonment for life. He also found all the accused-persons guilty under Section 148 of the Indian Penal Code, 1860 and convicted them accordingly, but no separate sentence for the aforesaid offence has been awarded.

(2.) The fact, in brief, leading to this appeal are as follows: On 15-11-1979 deceased-Sheo Prasad Singh and Ram Badan Singh with some others had gone to Masaudha Khandha of village Akbaipur for guarding the harvested and standing paddy crops. At about 7 p.m., while the deceased were sitting and gossiping under a neem tree in the Khandha, the informant (P.W. 9) and Mithilesh Singh (P.W. 6) saw some people suddenly coming from the northern direction. Out of them accused Hardeo Musahar, Hari Charan Musahar, Raktoo Musahar and Hariya Musahar, who were armed with fasuli and garasa came and started indiscriminately assaulting Sheo Prasad Singh, brother of the informant. As a result of the assault, Sheo Prasad Singh fell down and died instantaneously. At or about the same time, 10 to 12 other accused-persons caught hold of Ram Badan Singh and dragged him for some distance and hacked him to death near a mango tree. Out of those 10-12 persons, who dragged and killed Ram Badan Singh, accused Chhotan Manjhi, Munshi Musahar, Lalbahadur Musahar, Gurmi Musahar, Jamun Mushahar, Parmeshwar Musahar, Rajendra Musahar and Deo Charan Musahar, and some others, who did not face the trial, were identified as assailants. These assailants were armed with lathi, bhala, garasa, etc. On the alarm raised by the informant Ram Swarup Singh (P.W. 1), Chandrama Singh (P.W. 8), and Sundar Singh (P.W. 7) arrived there. Bangali Singh (P.W. 3) and Ramadhar Singh (P.W. 2) also came there a little later. The informant apprised all of them about the incident and also acquainted them with the names of the miscreants.

(3.) On the same night information was lodged at Paliganj Police Station. Fardbeyan of the informant was recorded and on the basis of the said statement the formal first information report was drawn up. The S.I. Chhedi Prapad Singh (P.W. 11) who is the I.O. of this case, thereafter, visited the place of occurrence at about 3 a.m. on the same night the I.O. prepared the inquest report of the dead bodies (Exts. 5 & 5/1) and sent those dead bodies for post-mortem examination. The Investigating Officer also seized blood-stained earth and blood-stained clothes of the deceased and sent them for chemical examination to the Director, Forensic Science Laboratory.