PURAN TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. A. K. Kashyap, learned senior counsel for the appellant and Mrs. Vandana Bharti, learned APP.

(2.) This appeal is directed against the judgment and order of conviction and sentence, dtd. 21/9/1995 (sentence passed on 22/9/1995) passed by Sri Gopal Prasad, learned 6th Additional Sessions Judge, Palamu at Daltonganj, in S.T. No. 104/1990 whereby and whereunder, the appellant has been convicted for the offences punishable under Sec. 302 IPC and Sec. 27 Arms Act and has been sentenced to imprisonment for life for the offence under Sec. 302 IPC and one year rigorous imprisonment for the offence under Sec. 27 Arms Act. Both the sentences were directed to run concurrently.

(3.) The prosecution case arises out of the fardbeyan of Shiv Lochan Sao recorded on 17/6/1989, in which it has been stated that around 12:00 noon, Anil Sao had gone to the Post Office and Sanjay Sao had gone to the Public Distribution Shop to bring wheat. It has been alleged that Puran Tiwary (appellant) had told them as to why they disturb them when they go to the market at which, none of the two persons gave any response. It has been stated that at 6:00PM Ranjit Sao returned back to his house from Meral and took Puran Tiwary towards his house to ask him about his conduct. After some time, an information was received that Puran Tiwary along with his men has surrounded Ranjit Sao in order to commit his murder. At this information, the informant, his son Binod Kumar and several villagers proceeded towards the said place. At around 6:30PM, when they reached in front of the house of Sita Sao, they saw Puran Tiwary, Alok Dubey, Girija Tiwari, Ramadhar Dubey, Raja Dubey, Laxmi Dubey, Manoj Dubey, Dhebar Dubey, Chandradhar Dubey and Brijdhar Dubey coming and Puran Tiwary and Alok Dubey were armed with pistols. Lakshmi Dubey was armed with gadasa and the others were armed with lathis. The accused persons started committing assault at which, the informant and his son suffered injuries. In the meantime, Puran Tiwary fired a shot which hit the abdomen of the son of the informant Sarjug Sao which resulted in Sarjug Sao falling on the ground. The son of the informant was being taken on a cot to Garhwa Hospital and on the way he died. Based on the aforesaid allegations, Meral P.S. Case No. 32/89 was instituted. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 104/1990. Charge was framed against the accused under Sec. 148 and 302 IPC which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.