NAGINA KOERI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of judgment and order of conviction dated 27.2.1987 passed by the Sessions Judge, Gopalganj in S.T. No. 21/78. Both the appeals have been heard together and are being disposed of by this judgment. Appellants in Cr. A. No. 94/87 have been convicted for the offence under section 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellants in Cr. A. No. 115/87 have been convicted for the offence under section 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment of life.

(2.) THE prosecution case is that one Khalil Dewan went to the Police Station on 24.3.1973 along with dead body of his brother Halim Dewan. Bansi Khatik, father of appellant Ram Chandra Khatik No.1 in Cr. A. No. 115/87 and also with two injured persons, namely, Ram Lachhan Khatik and Munshi Koeri and gave his statement at about 5 P.M. before the Asst. Sub -Inspector of Police that at about 11.30 A.M. he was at his wheat field. His brother Halim Dewan was going to see his field. He saw two she -buffaloes damaging his Raher crop. He caught she -buffaloes and brought them to his house for taking to the pound. At about 11.30 A.M. he saw that many persons variously armed with lathi, bhala etc. were coming towards his house. He also came to his door and identified about 36 persons. Out of them Bansi Khatik asked his brother to leave the she -buffaloes which his brother denied on which there was altercation between his brother and Bansi Khatik. Thereafter, all the accused persons surrounded his brother and on the order of Bansi Khatik, his son appellant Ram Chandra Khatik gave bhala blow on the chest of his brother and appellant Ramyash Khatik gave Farsa blow on his head due to which he fell down. Thereafter, appellant Ram Lachhan Khatik, Ram Chandra Khatik No.2 and Munshi Koeri assaulted him with lathi. His brother died at his door. The occurrence was witnessed by Bhulan Gaur, Shankar Koeri, Hali Dewan, Bolomulla Dewan, Phuleshwar Koeri, Adalat Dewan, Juman Dewan and many others.

(3.) FIRST Information Report was recorded and the investigation was taken up. The Investigating Officer inspected the place of occurrence. After completion of investigation submitted charge sheet. On receipt of the charge sheet cognizance was taken and the case was committed to the court of sessions for trial. 36 persons were put on trial out of whom only appellants have been convicted as stated above and 28 accused persons were acquitted.