PANCHU MAHARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants have preferred this appeal against the order of conviction dated 14-3-1995 and sentence dated 21-3-1995 passed by learned 3rd Additional Sessions Judge, Deoghar in sions Trial No. .240 of 1993 whereby and whereunder the appellants have been con- victed under Sections 302/149 and 147, 148, 201, IPC and sentenced to undergo R.I. for life under Section 302/149, IPC, whereas no separate sentence was passed for the of- fence punishable under Sections 147, 148, 201, IPC acquitting them for the offence un- der Section 27 of the Arms Act.

(2.) The prosecution has arisen on the fardbeyan (Ext. 2) of the informant Bimla Devi (PW-3) recorded on 8-6-1993 at 20.00 hours at her door of village Bhtkhanadih, PS-Madhupur, District-Deoghar by S.1..B.D. Singh (PW-6). Informant PW-3 Bimla Devi, wife of deceased Sahdeo Mahara, has alleged that on 8-6-1993 at about 11.00 a.m. her husband Sahdeo Mahara was sitting under a Mango tree at a distance of 250 yards south from her house. At that time, she heard commotion and alarm raised by her husband to save his life. She and her mother-in-law (PW-4) Malo Mahrain rushed there and saw Dukhi Mahara (appellant No. 3) catching hold of her husband. Wakil Mahara (not appellant), Babu Lai Mahra (ap- pellant No. 2), Panchu Mahara (appellant No. 1), Bideshi Mahara (appellant No. 4), Jai Kumar Mahara (not appellant), Laxmi Mahara (appellant No. 5), Kamdeo Mahara (appellant No. 6), Mahangu Mahara (appel- lant No. 7) and Chamtu Mahara (not appel- lant here as he was juvenile) had surrounded her husband and were stabbing with knives. She saw Bideshi Mahara who fired with pis- tol once causing injury on the abdomen of her husband. Appellant Babu Lai Mahara also fired with pistol causing Injury on the back of her husband. When her husband did not fall down on being fired twice by pis- tol, then Dukhi Mahara (appellant No. 3) gave Chhura blow on his shoulder and also assaulted with the butt end of pistol. Her husband fell down and was tossing and tum- bling about. Chamtu Mahara (not appellant) shot live arrows on the abdomen of Sahdeo Mahara arid one arrow on his thigh. Infor- mant and her mother-in-law rushed there to save, but appellants Mahangu Mahara, Kamdeo Mahara and Jai Kumar Mahara (not appellant) pushed them and fell them. When her husband died at the spot, she and her mother-in-law began to cry. They took the dead body under the shadow of Mango tree. She brought one cot and kept the dead body Seson the cot under the shadow of mango tree, but all the appellants by force took away the dead body with cot towards east and on the bank of river Patro they burnt the dead body. When the dead body was taken by the appellants, two persons namely Dukhi Mahara (appellant) and Jai Kumar Mahara [not appellant) remained at the P/O, washed the blood fallen there by pouring water through buckets. They threatened the villagers not to go there otherwise they will meet with dire consequences. After washing the bloods. Dukhi Mahara and Jai Kumar Mahara also went to the river where the dead body of Sahdeo Mahara was being burnt. After burning the dead body, all the appellants returned back to the P/O. The place where the blood was washed was ploughed with plough of Laxmi Mahara. The motive to cause the murder of her husband was that Kamdeo Mahara (appellant No. 6) had sustained firearm injury on his leg. Kamdeo Mahara had lodged a case against Ratan Mahara. Deceased Sahdeo Mahara was assisting Ratan Mahara for which he was threatened four days prior to the alleged occurrence. There was also altercation and quarrel in between her husband on one side and, Kamdeo Mahara, Mahangu Mahara, Jai Kumar Mahara and Dukhi Mahara on the other. They had threatened to kill Sahdeo Mahara and on the day of alleged occurrence after forming unlawful assembly assaulted her husband resulting his death at the spot.

(3.) The prosecution in order to substantiate the charges levelled against the appellants, has examined altogether seven witnesses. Out of them PW-6 Vishnu Dayal Singh is the I.O. and PW-7 Krishna Kr. Srivastava is the Judicial Magistrate who recorded the statements of PW-1, PW-2 and PW-3 under Section 164, Cr.P.C. (Exts. 5, 5/1 and 5/2 respectively). PW-1 Baleshwar Mahara and PW-2 Tiket Mahara were informed by PW-5 Suma Devi about the alleged occurrence where they were working at Karnpura warning them not go to the village otherwise the appellants, who caused murder of Sahdeo Mahara, may also commit their murders. PW-1 Baleshwar Mahara is the husband of PW-5 and PW-2 Tiket Mahara is the Bhaisur who have heard regarding causing murder by all these appellants and rushed to the P/O and are witnesses of the second part of the occurrence i.e. burning of dead body of Sahdeo Mahara. Bimla Devi (PW-3) is the wife of the deceased and is the eye-witness. She along with her mother-in-law Malo Devi rushed to the P/O on hearing the alarm raised by Sahdeo Mahara and saw the entire occurrence regarding causing murder of Sahdeo Mahara by these appellants.