ARJUN DHARHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants herein were tried by the 2nd Addl. Sessions Judge, Munger in Sessions case No. 193 of 1984 charged of the offences under Section 302/34, IPC and under Section 27 of the Arms Act. By his judgment and order dated 15th January, 1987, the Trial Court has found them guilty of the offence under Section 302/34, IPC and sentenced each one of them to undergo rigorous imprisonment for life. They have also been found guilty of the offence under Section 27 of the Arms Act and have been sentenced to undergo two years' rigorous imprisonment on that count. The sentences have been directed to run concurrently.

(2.) AN occurrence is said to have taken place on the evening of 20th January, 1984 at village Nawabganj which lies within the jurisdiction of police station Surajgarha. In that occurrence, deceased Radhey Ram is said to have been shot dead by the appellants, while informant Dhanchand Ram, P.W. 5 (brother of the deceased), is alleged to have received pellet injuries. Dhanchand Ram, P.W. 5 lodged the first report regarding the occurrence at the Surajgarha Police Station at 8.15 p.m. shortly after the occurrence. The Police Station is said to be at a distance of about 8 Kms. north of the place of occurrence. In the report lodged by the informant, it was stated by Dhanchand Ram, P.W. 5, that shortly before the lodging of the report, he along with his brother Radhey Ram, Chowkidar, his son Vijoy Ram, P.W. 2 and his nephew Sudhir, P.W. 1 (son of the deceased) was sitting in their Gohal and were gossiping. Suddenly, the four appellants came towards the Gohal raising hulla and challenging Radhey to come out. Hearing the hulla, he as well as his brother Radhey (deceased) ran away from the Gohal, but the appellants fired at them and Radhey fell down. He was bleeding and died soon thereafter. The assailants ran away towards the west. The informant claimed that he had also received pellet injuries. The cause of the occurrence as alleged in the report was that earlier in the morning, there was exchange of abuses between the appellants and Radhey. The said report was given at 8.15 p.m.

(3.) SEVERAL eye -witnesses have been examined by the prosecution in support of its case. Sudhir Ram, the son of the deceased was examined as P.W. 1. He stated that on the night of occurrence, he was in the Gaushala with his cousin Vijoy P.W. 2 father Radhey (deceased) and his uncle Dhanchand, the informant. P.W. 5. They were all sitting there and warming themselves around the Borsi as it was winter night. He heard the appellants coming and challengings his father to come out saying that he had been informing the police against them. Hearing the challenges thrown by the appellants, his father Radhey ran out of the Gaushala and so did his uncle Dhanchand, P.W. 5. When his father Radhey had just come out of the Gaushala and was at a short distance from the Gaushala, the appellants fired at him and he fell down. Thereafter, the appellants also assaulted his father with the butt of the guns carried by them. One Brahma Dharhi also arrived and he also assaulted his father with a lathi. His uncle Dhanchand was also fired at by the appellants and his uncle had fallen on the ground and then got up and ran away. His father Radhey died on the spot whereafter all the appellants ran away towards the north. He further stated that earlier in the morning on the same day, the appellants had come to his house and abused his father saying that he had got proceeding initiated against them by the police.