GANESHI PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appeals were heard together and are being disposed of by this common judgment.

(2.) Both these appeals arise out of the common judgment of conviction dated 17-1-2004 and order of sentence dated 19-1-2004 passed by the learned 7th Additional Sessions Judge, Fast Track Court No. 4. Godda in Sessions Case No. 50 of 1998/220 of 2003 convicting the appellants under Section 302/34 of the Indian Penal Code and sentencing them to undergo R.I. for life and also imposing fine of Rs. 5,000/- each and in default in payment thereof, R.I. for one year.

(3.) The prosecution case in short is that the informant-Jaykant Paswan, son of Shankar Paswan (deceased), gave a fardbeyan on 27-7-1997 at about 1.00 a.m. before the police alleging therein that on 26-7-1997 at about 4.30 a.m. his father Shankar Paswan- Chaukidar No. 3/4 along with other chaukidars were on duty at Doihat. The in- formant had been to hat to purchase vegetables. The appellants had also been to hat. The father of the informant was returning to village at about 6.30 p.m. from hat. When he reached about 300 yards south-east on the pitch road, he found that the appellants were also following him. The informant also purchased vegetables quickly and started for his house, having a torch in his hand. On the way, it is alleged that the informant heard sound of 'bachchao-bachchao'. He ran towards the place from where sound was coming. When he reached near Belabandh, he saw his father lying on the ground in the injured condition. Then, he started running towards the village with his torch and in the light of his torch, he saw the appellants at the distance of 25 yards. The appellant Ganeshi Paswan had dagger in his hand and the appellant-Horil Harijan was armed with lathi. Then he returned to his father and found several injuries of dagger and lathi on his person. In the low voice, he told the informant that the appellants had assaulted him with dagger and lathi and he died then and there. There was none at the place of occurrence and therefore, the informant rushed towards his village and told his family members and villagers about the occurrence.