LAWS(JHAR)-2019-4-101

DEVENDRA BHAGAT Vs. STATE OF BIHAR (NOW JHARKHAND)

Decided On April 23, 2019
Devendra Bhagat Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) Heard, learned counsel for the appellants Mr. P.S. Dayal, assisted by Mr. Vikash Kumar and learned counsel for the State Mr. Ram Prakash Singh, Additional Public Prosecutor.

(2.) Both criminal appeals have been heard together as they arise out of the common judgment of conviction dated 19.12.1995 and order of sentence dated 21.12.1995 passed by the 1st Additional Sessions Judge, Godda in Sessions Case No. 67 of 1993 / 2 of 1995, whereby both appellants have been held guilty and convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded imprisonment for life. Though, by the same impugned judgment, father of these appellants Sitaram Bhagat has been held guilty and convicted for the offence committed and punishable under section 302/109 of the Indian Penal Code and awarded imprisonment for life, but during the pendency of the Criminal Appeal, preferred by him along with co-convict Mahendra Bhagat vide Cr. Appeal (DB) No. 16/1996, Sitaram Bhagat has died. As such, Cr. Appeal (DB) No. 16/1996, as against the appellant Sitaram Bhagat, stands abated.

(3.) The prosecution case is based upon the fardbeyan of Raj Kishore Bhagat (P.W.3), recorded by the Sub Inspector Mr. M.M. Sharma, Officer-in-Charge, Godda (M) Police Station on 25.03.1992 at 19.00 hrs at Godda (M) Police Station. It is stated by the informant that he brought his brother Jugal Kishore Bhagat in injured condition on a rickshaw to the police station. The informant has stated that today at around 12.00 in the noon, his brother Jugal Kishore Bhagat, who has cultivated wheat crop on 10 kattha of land given by his father, was processing the paddy by sending the crop to the thrasher. It is stated that Devendra Bhagat and Mahendra Bhagat, both sons of Sitaram Bhagat came to the house of the victim Jugal Kishore Bhagat. Thereafter, the accused Mahendra Bhagat caught hold of the victim Jugal Kishore Bhagat and the accused Devendra Bhagat assaulted him on his head by means of a wooden log, causing injury on his head, due to which, his brother fell down and thereafter he was assaulted twice-thrice by lathi, which was witnessed by Ravindra Bhagat (P.W.10), Puran Manjhi (P.W.9) and Narsingh Manjhi (P.W.5). The informant has further stated that when the injured was inquired about the incidence, he could not say any word except 'leave him' 'leave him'. On the basis of fardbeyan of the Informant, police has registered Godda (T) P.S. Case No. 91/1992 dated 25.03.1992 under sections 341/323/307 of the Indian Penal Code against the accused Devendra Bhagat and Mahendra Bhagat. Subsequently, by order dated 24.04.1992, section 302 of the Indian Penal Code was added.