ASHOKE CHOUDHARY Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) All these three analogous appeals arise out of the common judgment of conviction dated 1-6-2000 and order of sentence dated 8-6-2000 passed by Shri Kumar Ganesh Dutt, 2nd Additional Sessions Judge, Palamau, DaltonganJ in Sessions Trial No. 399 of 1997 were heard together and are being disposed of by this common judgment.

(2.) Dharmendra Gosai, Ashoke Choudhary, Chandan Choudhary and Krishna Kahar alias Krishna Ram have been convicted for the offences punishable under section 307/149 of the Indian Penal Code for attempting murder of the informant (P.W.4) and also under section 302/149 of the Indian Penal Code for committing murder of the husband of P.W. 4 and also under sections 452 and 120B of the Indian Penal Code. Chandan Choudhary has further been convicted under section 302 of the Indian Penal Code. Lal Muni Gosai has been con- victed with the aid of section 120B of the Indian Penal Code. They have been awarded imprisonment for life and imprisonment for lesser periods and fine for other offences.

(3.) The fard beyan was lodged by Rukhmini Devi (P.W. 4) at 9.00 P.M., i.e. within one hour of the occurrence on 27-9-1996. She stated, inter alia, that when she, her daughter Rina Kumari (P.W. 5) and her husband Bisundeo Gosai (the deceased) were in their house, Dharmendra Gosai, Chandan Choudhary. Ashoke Choudhary, Krishna Kahar alias Krishna Ram, one Dilip Goswami and one more accused, who had come to the house of Dharmendra Gosai, entered in the house at 8 P. M. Krishna Kahar alias Krishna Ram was standing outside the house with a bag. Dharmendra Gosai caught her husband and Chandan Choudhary assaulted her husband by dagger repeatedly. When they raised alarm, Ashoke Choudhary, Dilip Gosai and the said unknown person threatened them that they will be shot, When her husband died, Chandan Choudhary, on the instigation of Dharmendra Gosai assaulted her with dagger near the shoulder with a view to kill her. When, she fell down, all the accused persons fled away. On alarm, several persons assembled and followed the accused persons. There was sound of bomb explosion. The villagers brought her to Satbarwa Police Outpost on Jeep. She further said that motive of occurrence was that the informant and her husband adopted P.W. 5, who was the daughter of cousin of her husband and they wanted to give their property to P.W. 5 which was not liked by her 'Dewar' (brother-in-law) Ram Prasad Gosai and Lal Muni Gosai and, due to this, there was quarrel about a year ago. The informant further said that the younger brother of her husband, Ram Prasad Gosai and Lal Muni Gosai were saying that if she and her husband dies, the property will go to them. Therefore, they conspired to kill her and her husband and, for this purpose, he called Dharmendra Gosai, Dilip Goswami and some unknown persons who were residing in the house of Dharmendra Gosai. On the date of occurrence, in the afternoon, Chandan Choudhary, Ashoke Choudhary and Krishna Kahar assembled in the house of Dharmendra Gosai and they all took meal and liquor. She lastly said that when she was being taken to the hospital, the villag- ers caught and killed the said unknown person, who came in her house with gun. Ram Bilash Sahu (P.W.I), Ram Niwas Mehta (P.W.2) and Krishna Choudhary (P.W.6) have put their signatures on the fard beyan as witnesses.