GANGA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of a common judgment dated 7 -9 -89 passed by Mr. Ramchandra Prasad, 6th Additional Sessions Judge, Sasaram, in Sessions Trial No. 500/86 State v. Dip Narayan Paswan and two Ors., whereby Dip Narayan Paswan had been convicted under Section 302 of the Indian Penal Code as well as under Section 27 of the Arms Act. Appellants Ganga Paswan and Bangali Paswan have been convicted under Section 302, I.P.C. read with Section 34, I.P.C. and also under Section 27 of the Arms Act. Appellant Dip Narayan Paswan has been sentenced to undergo imprisonment for life for conviction under Section 302, I.P.C, Appellants Ganga Paswan and Bangali Pawan have been sentenced to undergo imprisonment for life for conviction under Section 302, I.P.C. read with Section 34, I.P.C. All the three accused -persons have also been sentenced to undergo rigorous imprisonment for three years each for committing the offence under Section 27 of the Arms Act. All the sentences have been ordered to run concurrently. Let it be recorded that Paswan and Dusadh as the second name of the appellants and the witnesses have been used inter -chartgeably throughout the trial.

(2.) According to the prosecution case, the fardbeyan of Pachkauri Dusadh (P.W. 1) was recorded on 10 -6 -86, at about 6 a.m., at the place of occurrence itself. During the previous evening (9 -6 -86), at about 7 p.m. he along with his sons Sahjan Dusadh (the deceased), and Shankar Dushadh (P.W. 3) were discussing the arrangements for the marriage of the daughter of Sahjan Dusadh. Dip Narayan Paswan, Ram Bilas Paswan, Ganga Paswan and Bangali Paswan, all wielding guns, arrived at about 8 p.m. from the west. Dip Narayan Dusadh fired a gun shot at Sahjan Dusadh which pierced him through his chest and the collapsed on the chawki. Dip Narayan Paswan said that the work is done and none else is to be done to death. Fardbeyan further alleges that the land dispute is the cause for the murder. On the basis of these allegations, a formal FIR was drawn up with the Kochas police station, district Rohtas, which was registered as Kochas P.S. Case No. 0032/86, dated 10 -6 -96, under Section 302 read with Section 34, I.P.C. The police investigated the allegations and submitted charge -sheet against four accused -persons. They were committed to the Court of Session & by order dated 9 -12 -87, passed by the learned 6th Addl. Sessions Judge, were to be tried under Section 302, I.P.C. read with Section 149, I.P.C. as well as 27 of the Arms Act, the case of accused Ram Bilas Paswan was separated. The present trial, therefore, relates to the three appellants above named only.

(3.) Pachkauri Ram Dusadh, the informant (P.W. 1), is an eye -witness to the occurrence and he has stated in his deposition that on the fateful evening at about 7 p.m. while he, his sons Sahjan Dusadh, and Shankar Dusadh (P.W. 3), were discussing the arrangements for the marriage of Sahjan's daughter, Dip Narayan, Ganga, and Bangali as well as Ram Bilas approached from the western side. All the four were wielding guns. Ganga gave a call to kill, whereupon Dip Narayan fired the gun shot which hit Sahjan in his chest. All of them left on the call of Bangali, Sahjar. h -H died instantaneously. He says that the trial of -Ram Bilas Paswan was separated. He does not remember whether it was a moonlit night or a dark night. The accused -persons had not covered their faces and were known from before. He said that he felt terrorised by the presence of armed men. He says that blood had spilled on the Toshak and the Chowki, but does not remember due to the tragedy that struck him whether or not blood had fallen on the ground also. He clearly says that he had land dispute from before with Bangali and Ganga, He says that he was not in his senses to go to the police station, He had sent a Choukidar to the police station. He also deposed that Sahjan was a respectable person and had a licensed rifle.