RAJ KUMAR BHUIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants were tried and convicted in Sessions Trial No. 205 of 1999 by the 3rd Addl. Sessions Judge, Palamau at Daltonganj, for the offences under Sections 304/34, 341, 504, 307/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 304/34 IPC and rigorous imprisonment for seven years under Section 307/34 IPC besides simple imprisonment for one month for each of the offences under Sections 341 and 504 of the Indian penal Code. Feeling aggrieved the appellants have preferred this appeal. Learned Counsel for the appellants informs that during the pendency of the appeal, appellant No. 3 Bisheshwar Bhuian was granted bail by order dated 25.6.2002, but subsequently he has died. No certificate of death or any report from the concerned police station has been received in this regard and as such, no order has been passed for abatement of the appeal against the said appellant No. 3 herein.

(2.) THE case relates to the homicidal death of one Shankar Bhuian, brother of the informant Gopal Bhuian (PW6). The deceased had sustained injuries on account of assault made on him situated at village Rajhara, P.S. Patan, district Palamau, in the after noon of 3.9.1998 at 3.00 p.m. The case was registered on the basis of the fard beyan of the informant (PW6) recorded by the ASI B.K. Singh of Patan P.S. at the Primary Health Centre (PHC) Patan at 7.30 p.m. on 3.9.1998. The fard beyan of the informant declares that on 3.9.1998 at 3.00 p.m. he went to the house of his father situated nearby his own house. No sooner had he reached the accused/appellants. Bisheshwar Bhuian, Raj Kumar Bhuian and Chinta Bhuian arrived there, armed with gandasa and declared that the house and the adjacent paddy land belonged to them. The informant protested claiming that he and his father were in occupation of the house and the land since long and had even cultivated the land. The accused persons had however retaliated by giving out abuses and the accused Raj Kumar Bhuian gave a gandasa blow on the head of Shankar Bhuian, as a result of which the victim fell down on the ground with bleeding injuries and became unconscious. When the informant attempted to rescue his injured brother, the appellant Chinta Bhuian gave a gandasa blow on the informant's head resulting in injuries on the head. The third appellant Bisheshwar was exhorting the other two appellants to kill the informant. On alarms, the informant's father and the villagers arrived there running and saved them. Thereafter, the injured Shankar Bhuian was taken to the nearby PHC for treatment of the injuries. The motive for assault is said to be the claim of the appellants of a piece of land measuring 11/2 acres which was in occupation of the informant and his family members since past 10 to 12 years.

(3.) PLEADING innocence and claiming that it was the informant party who, in fact, had provoked a quarrel and had caused serious injuries to the accused/appellants and for which counter case was also instituted against the informant party, the appellants have pleaded their false implicate in the case. At the trial nine witnesses were examined by the prosecution including the informant and the doctor who had prepared the injury report in respect of both the injured persons, the doctor who conducted post mortem examination on the dead body of the deceased and the investigating officer of the case. One witness was also examined on behalf of the defence in order to prove the FIR and the injury report pertaining to the counter case instituted by the accused Chinta Bhuian.