SITA RAM MANJHEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three appellants in this appeal were put up for trial before the Addl. District and Sessions Judge, XI, Munger, in Sessions Case No. 109/86, charged of offences under sections 147, 302/149, 307/149 and 309/149 I.P.C. By his judgment and order dated 23rd January, 1 S89, the learned Addl. District and Sessions Judge, Munger, has found the appellants guilty and has sentenced them to undergo rigorous imprisonment for life under section 302/149 IPC, three years rigorous imprisonment under section 379/149 and 1 1/2 years rigorous imprisonment under section 147 IPC. The sentences have been directed to run concurrently.

(2.) THE case of the prosecution is that on 21st April 1985, Ram Balak Singh and Vidya Sagar Singh were getting their crop hervested in the field of Ram Balak Singh at Konital. At about 12 noon large number of persons numbering about 40 -50 came over the field armed with Lathi, Pharsa and Garasa etc. and started assaulting the aforesaid two persons and their men. As a result of the assault, Ram Balak Singh and Vidya Sagar Singh died and two persons namely, Ashok Kumar P.W.6 and Ram Sarup Darhi, (P.W.10) were injured. The fardbeyan was lodged at the place of occurrence itself at 8.10 p.m., when the police arrived on getting a report about the incident. The fardbeyan of P.W.6, Ashok Kumar was recorded by Mohd. Husnain, P.W.11 Officer -Incharge of Sarahia Police Station.

(3.) IN the fardbeyan, the informant, P. W.6 stated that his brother -in -law, Ram Balak Singh, had hired a thrasher of Vidya Sagar Singh with a view to harvest khesari crop. The informant was also assisting him in the 'khalihan'. Apart from Ram Balak Singh, and Vidya Sagar Singh, others were also working with him, namely, Ram Sarup (P.W.10), and Ramdeo Singh (not examined). Five mazdoors of village Auta were also working with them. Earlier in the morning, there was some dispute about the payment of wages between the mazdoors and his brother -in -law, Ram Salak Singh. At about 9 a.m. two of the mazdoor went away on the pretext that they were suffering from stomach -ache. At about 12. noon they came back along with 40 -50 persons all belonging to Mushar Community. They were armed with lathi, Bhala, Farsa, Khanti etc. Ram Balak Singh and Vidya Sagar Singh were assaulted till they died. The informant was also assaulted but he closed his eyes and pretended as if he was dead and thus taking him to be dead the appellants spared him. Ram Sarup, P.W. 10 was also assaulted by the appellants, but he managed to escape. The assailants also carried away the harvested crop. The informant did not know the names of the assailants, but claimed that he could identify them if they were shown to him. It would thus appear that the informant P.W.5 though an eye witness was unable to name any of the assailants because they were not known to him by name. He however, claimed that he could identify them, if they were shown to him.