MAHESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Session Case No. 296/82, on the file of 6th Addl. Sessions Judge, Munger, five persons were placed for trial, for committing murder of Fuldhan who was shot dead in the night of 28.11.1981. The learned Addl. Sessions Judge found all the five accused persons guilty of the charge framed against them and accordingly sentenced them to imprisonment for life. This has given rise to two appeals which are being disposed of by this judgment. Cr. Appeal No. 13/87 is on behalf of appellants Mahesh Paswan and Umesh Paswan. Mahesh Paswan was charged under Section 302, I.P.C. for having shot dead Fuldhan. He was again charged along with other accused under Section 302/149, I.P.C. Cr. Appeal No. 18/87 has been filed on behalf of appellants Sadanand Bind, Bhujangi Bind and Horil Bind.

(2.) The case of the prosecution was that Babulal Yadav, father of the deceased Fuldhan Yadav had a mill at Shivpur Langair at Munger -Kharagpur Road and was situated 10 kms. from Kharagpur Police Station. Babulal Yadav and the deceased were sleeping in the mill on that fateful night. Appellant Mahesh Paswan had also a mill at some distance away the mill of Babulal. At about 11.30 p.m., the appellants along with some unidentified criminals is said to have raided the mill of Babulal Yadav. They were all armed with deadly weapons. According to the in -forrnant, the accused persons surrounded the place and wanted a place to sleep in the night, which on the face of it appears to be absurd. However, the informant refused to oblige the miscreants. It is alleged that the accused persons started damaging the bamboo raft construction used for fencing or working as a wall for the mill. Babulal also started striking lathis on the bamboo fencing to keep the accused persons away from the said raft. Fuldhan was sleeping in another room of the mill. The accused persons had surrounded the mill. Babulal warned his son not to come out, but Fuldhan jumped the bamboo fencing and was then shot dead by Mahesh Paswan. Dead body of Fuldhan was found lying at some distance away from the mill in a field. On hearing the sound of firing an alarm was raised by the informant and then several persons residing nearby came out and some of them also saw the miscreants running away.

(3.) It appears that at about 3 a.m. in the morning the Chowkidar Basudeo Turi, reached Kharagpur Police Station and informed the officer -in -charge about the incident, but the important fact is that he did not disclose the names of any of the accused persons to the officer -in -charge, Kharagpur Police Station. The officer -in -charge Kharagpur Police Station was not examined during the trial. He reached the place of occurrence at 4 a.m. and recorded the fardbeyan of Babulal who gave a detail version of the occurrence and implicated all the five appellants.