KEDAR DUSADH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants stand convicted for committing an offence under section 302/34 IPC and sentenced to undergo Ri for life.

(2.) The FIR of, this case was instituted on the basis of the fardbeyan of Satyendra Das son of Barhan Das of village Sohajora P.S. Sheikpura District Shieikpura presently residing at East Katras Colliery. District Dhanbad. He has stated that on 1.8.1995 at 10.15 a.m. he was before the dead body of his father. Barhan Das in the Central Hospital, Tiliatnad was giving statement that 9 OClock he went out of his house with his father after taking breakfast. He further stated that he along with his father was sitting at the Tea Stall of Siyaram Yadav, which is located at No. 5 Pit besides Katras Colliery. Some .other persons namely Hira Sao, were also sitting there and were talking with them. They ordered the shopkeeper to give them tea. At 9.30, four person came to the shop from the side of the road. They were Surendra Paswan. Krishna Kumar, Chandrika Das and Kedar Pd., all aged in between 25 and 40 years. Krishna Kumar came towards the informant and his father and ordered to assault him. On hearing this, Surendra Paswan took out a pistol from his waist and fired at his father. The bullet hit left eye of his father after firing all of them fled away. The father of the informant fell down there and became unconscious. The informant with the help of his friends took his father to the hospital where he died. It was alleged that all the aforesaid four persons are working in the Katras Colliery. The reason behind this occurrence is said to be that the father. of the informant was the Union Leader under whom those four persons were also there. It is alleged that his father had left that Union and joined the Mazdoor Union Congress and this had annoyed the aforesaid accused persons. The informant has alleged that because, of this, the said persons had killed his father in conspiracy with each other. On the basis of this information, the aforesaid case was instituted and the police took up investigation of this case. After investigation, the police submitted charge-sheet under Sections 302/34, IPC against the accused persons, to which the appellants pleaded not guilty and claimed to or tried.

(3.) The case of the main accused Surendra Paswan, .as is appearing from his statement under Section 313, Cr. P.C. recorded on 1.8.1995 is that when he came to join his duty, then Satyendra Das, Munna Das, Hira Sac, Rabindra assaulted him and made him senseless; Satyendra fired on him, but, he was saved and he was admitted into Hospital. The defence case of the A3 Chandrika Das is that he is innocent and similarly defence case of A2. Krishna Kumar is also the same.