RAJ KUMAR RAJWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Raj Kumar Rajwar has been found guilty under section 302 IPC and sentenced to undergo rigorous imprisonment for life. He has further been found guilty under section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for one year. Before the trial court i.e. the 9th Addl. Sessions Judge, Rohtas, Sasaram, four accused were tried under sections 302, 302/ 84, 366/86 and 376 IPC, and 27 of the Arms Act. The trial court by its judgment and order dated 28th May, 1988, acquitted the other three accused persons for the charges under sections 302/34, 366/34 and 376 IPC and only found the accused appellant guilty and convicted him accordingly as mentioned above.

(2.) THE prosecution case, as contained in the fardbeyan is that the informant Shyam Sundari Devi @ Sundari Devi, P.W.6 was residing in her Chhawni with her two daughters and a son to the north of village Lohradih at Barheto Bal, P.S. Tilotha, District Rohtas. She used to look after her cultivation work. On the date of occurrence i.e. 20.5.86 at about 7.30 p.m., she was at her Chhawni and her daughters were making preparation for meal. Her Son, Umesh, P.W.1 had gone to the nearby Chhawni of Ramdhani Singh. At that time four persons arrived at her Chhawni from the eastern side to whom she could see in the moon -lit night. She gave the description that they were young and one of them was fatty. They were wearing Lungi and Ganji. She further stated that three of them were holding pistols. The accused persons asked her about the where about of her son and she replied that she did not know as to where he had gone. Thereafter one of the accused caught hold of her daughter Kanti Kumari, P.W.7 and dragged her towards the back of the Chhawni. She began to cry. The accused persons assaulted her on her cheek and also enquired from her about her brother. On hearing her cry, one Laxman Singh (since deceased) and Bihari Singh, P.W.4 went there running from their nearby Chhawni. In the meantime the other three accused persons also arrived from the Chhawni of the informant. The informant also rushed there after hearing the cry of her daughter. It is the further case of prosecution that one of the four accused fired upon Laxman Singh from a close range which hit him his "Panjra" who fell down senseless. Thereafter, P.W.4, Bihari Singh started hurling Lathi on the accused persons. On the alarm being raised the nearby villagers rushed there. In the meantime all the four accused persons fled away. Some of the villagers who had arrived at the place of occurrence had seen the accused persons running -away from the place of occurrence. The informant with the help of other villagers brought the injured to the police station and from there he was removed to the hospital, but he died in the way to the hospital. At the police station, the fardbeyan of the informant was recorded, over which she gave her thumb impression and P.W.1 Umesh Singh signed over it as a witness.

(3.) AFTER investigation, the police submitted charge -sheet against all the four accused persons under different sections as mentioned above and the trial proceeded.