RAMAUTAR SETH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 26.3.1999 and 19.4.1999 respectively, passed by Shri Birender Singh, 1st Additional Judicial Commissioner, Khunti, in Sessions Trial No. 708 of 1994, convicting the appellants under Sections 302/34 and 120 -B of the Indian Penal Code and sentencing them to undergo imprisonment for life.

(2.) IT appears from the previous order that Mr. K.S. Nanda, learned Counsel appearing for the appellants had stated that appellant No. 1, Ramautar Seth took back the papers saying that he will engage different counsels and thus he is not appearing for him. In these circumstances, appellant No. 1 was noticed and on his request to appoint amicus curiae, Mr. A.K. Das, Advocate, was appointed.

(3.) THE prosecution case, in short, is that on 16.3.1994 at 9 p.m., the informant, Ram Pad Seth (PW 5) gave his fardbeyan before the police alleging therein as follows. At about 3.30 p.m. on the same day, Chhote Lal, his middle brother, aged about 45 years and his youngest brother, Sub -hash, aged about 30 years, went on motorcycle to the market. The informant also started for the market on his cycle after 2 -3 minutes. As soon as the informant reached near Tangidih Tanr at about 3.45 p.m. he saw that at some distance, the appellants stopped the motorcycle and surrounded it. Appellant No. 1, Ramautar Seth dragged his brothers from the motorcycle and fired at them from the pistol. Chhote Lal after having firearm injury started fleeing away. In the meantime, appellant No. 2, Durlabh fired at his younger brother, Subhash, who also started fleeing after receiving injury. The appellants chased his brothers and charged bombs, by which his brothers fell down on different places. Then Rutu Munda, appellant No. 4 (Ritu Puran Munda) and appellant No. 3 Ram Dayal Munda gave repeated dagger and 'bhujali blows and killed his injured brothers. Rutu Munda was having a bag on his shoulder and a dagger in his hand and Ram Dayal Munda had a weapon like 'bhujali. After killing his brothers, the appellants fled away. Due to fear, he concealed himself behind the bushes and when the appellants fled away, he returned to the village and informed about the occurrence. About the motive, it is alleged that about ten months back, appellant No. 1 had killed Gurwari Devi, 'bhabhi of the informant with Bomb, for which a murder case (being S.T. No. 133 of 1997) was going on. Appellant No. 1 and his uncles, Chandra Mohan and Anil had threatened him that he and his brothers will be killed. Chandra Mohan and Anil are also involved in this murder as in the last evening they and the appellants had a secret meeting in their house. Appellant No. 1 is a notorious criminal, who was arrested two years back in connection with some case and from that time he was having doubt on the informant family and he became enemy of his family and accordingly has committed the crime.