SADANAND CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been heard together hence this judgment shall dispose of both the appeals. These appeals arise out of the judgment and order dated 30.9.1986 passed by the 2nd Additional Sessions Judge, Munger in Sessions Case No. 473 of 1982 arising out of Khagaria G.R. Case No. 678/81. All the six appellants have been convicted under Section 302 read with Section 149 of the Indian Penal Code and each of them sentenced to undergo imprisonment for life. The appellant Yogendra Chaudhary has been further convicted under section 147 of the Indian Penal Code and remaining five appellants under Section 148 of the Indian Penal Code and each of them have been sentenced to undergo rigorous imprisonment for two years. The appellant Ashok Choudhary has been further convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years. However, their sentences are to run concurrently.

(2.) THE prosecution case in brief is that on 11.8.1981 the informant Chandra Bhushan Choudhary (P.W.4) lodged a written report to the Officer Incharge of Khagaria Police Station alleging therein that on this day at about 4.00 P.M. when he was going to Khagaria Bazar from Mehsouri Thakurbari along with Mahanth Ramdhar Das (deceased), who has been recently installed as a Mahanth of the said Thakurbari after the death of late Mahanth Bhagwat Das, and when they reached near a Barged tree the deceased was forcibly taken away by all the six accused (appellants) towards west. It is said that accused Ashok Choudhary and Yogendra Choudhary alias Gholat Singh were armed with a country made pistol and a lathi respectively, while accused Kailash Choudhary was carrying a bhala and remaining accused were armed with farsa. It is further alleged that after taking Mahanth Ramadhar Das near the house of one Dhuna Choudhary, they killed him by inflicting various injuries on him. It is alleged that accused Gholat Singh assaulted the deceased by giving two lathi blows on his back. Accused Siyaram Choudhary inflicted a farsa blow on his head upon which he fell down and accused Sadanand Choudhary also gave a farsa blow on his head and accused Shaligram Choudhary assaulted him by farsa on his neck (Kanpatti). Mahanth , Ramadhar Das succumbed to his injuries on the spot and all the accused fled away leaving the dead body on the road. It is further alleged by the imformant that the occurrence was witnessed by several local persons, including Mahendra Rajak (P.W.1), Arjun Sah (P.W.2), Ganesh Mandal (P.W.3). The motive of the occurrence alleged is that during the life time of late Mahanth Bhagwan Das these accused have been taking undue benefits out of the landed property of the Thakurbari, but when the deceased became Mahanth, he did not allow them to take this undue advantage, as a result of which, accused persons had animocity against the deceased.

(3.) THE case of the defence is that the accused persons have been implicated because of enmity. From the trend of cross -examination of the prosecution witnesses the defence case further emerges out that it was prosecution party which was taking undue advantage out of the property of Mahanth and they have killed him, who was objecting to them but, because of enmity, the informant has falsely implicated the accused persons.