KAILASH PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned counsel for the State, as also learned counsel for the informant.

(2.) The appellants are aggrieved by the impugned Judgement of conviction dated 11.12.2009 and Order of sentence dated 16.12.2009, passed by the learned 1st Additional Sessions Judge, Godda, in S.T. No. 182 of 2004 / 146 of 2009, whereby, these appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code, and the appellant Kailash Paswan is also found guilty and convicted for the offence under Section 27 of the Arms Act. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life and fine of Rs.3,000/- each, for the offence under Sections 302 / 34 of the Indian Penal Code. The appellant Kailash Paswan is further sentenced to R.I. for three years for the offence under Section 27 of the Arms Act, and both his sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Ashok Kumar Verma, the brother-in-law of the deceased Most. Shanti, who was the widow of the younger brother of the informant, recorded at his village Ghuthi, P.S. Mahagama, District Godda, on 08.03.2004 at 15:45 hours, wherein he has stated that on the same day at about 8:00 A.M., eight named accused persons, including the appellants Kailash Paswan and Anuplal Yadav, came variously armed on the vacant land in front of his house and started digging foundation on the said land. The informant has stated that this land was settled in favour of his father. The informant's side went and objected the digging of the foundation, whereupon the accused persons started abusing them in filthy languages and asked them to go away. They also started hurling stones and bricks, whereupon the informant's side returned back to their house. At about 1:30 P.M., the informant's bhabhi Chanda Devi, his wife Mamta Devi and Most. Shanti again went to the accused persons requesting them not to forcibly dig the foundation on the land. In the meantime, the informant and his elder brother also came there. It is alleged that the accused Kailash Paswan and Anuplal Yadav took out the pistols from their waist and threatened the informant's side to flee away, whereupon Most. Shanti still insisted them not to dig the foundation. It is alleged that Kailash threatened Shanti Devi with pistol, asking her to flee away, and as soon as she turned back and started returning from the place of occurrence, Kailash fired the pistol, hitting her on her back, due to which she fell down and died at the spot. It is further stated in the fardbeyan that one Chanda Rani, who was residing at Asansol, was laying her claim over the land in dispute, and she had engaged other accused persons paying them money, for taking possession over the land. On the basis of the fardbeyan of the informant, Mahagama P.S. Case No. 26 of 2004, corresponding to G.R. No. 204 of 2004, was instituted for the offences under Sections 147, 148, 149, 120-B, 302 of the Indian Penal Code, and Section 27 of the Arms Act, against the nine named accused persons, including the appellants and Chanda Devi, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case, pursuant to which, the three accused persons Kailash Paswan, Anuplal Yadav and Chanda Rani were sent up for trial.