PARSURAM PANDEY Vs. STATE OF BIHAR
SUPREME COURT OF INDIA
STATE OF BIHAR
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P. P. Naolekar, J. -
(1.)Leave granted in S.L.P. (Crl.) No. 2238 of 2004.
(2.)Both these appeals arise out of the same incident for which all accused persons have been convicted and sentenced. The accused/appellants were tried for the offence along with two other accused persons namely, Dharmraj Pandey and Shradha Ram. Raghunath Pandey-accused/appellant has been convicted under Section 302 of the IPC and awarded sentence of life imprisonment. He was further convicted and sentenced to two years RI under Section 148, IPC and 27 of the Arms Act. The accused/appellants Parshuram Pandey, Bishram Pandey and Somaru Pandey together with the other accused (non-appellants) have been convicted and sentenced to life imprisonment under Section 302 read with Section 149 of the Indian Penal Code and two years RI under Section 148 of the IPC. Parshuram Pandey, Bishram Pandey together with Dharmraj Pandey (non-appellant) have been further convicted and sentenced to 5 years RI under Section 307 for attempting to murder Rajendra Dusadh, Hriday Shankar Rai, Shampu Kumar Singh, Mathura Singh and Rajesh Singh and one year RI under Section 27 of the Arms Act. All these sentences have been ordered to run concurrently.
(3.)The prosecution case in nutshell is as follows : That on 24th December, 1989 at about 1.30 P.M. at Village Burhaila, FIR was lodged by informant-PW-6, Birender Pandy informing that he along with Bharat Pandey (PW-5) and Kanhaiya Pandey (deceased) were standing in their field. Appellant-Raghunath Pandey after getting his buffalo washed in the canal reached near Birender Pandeys field and drove the buffalo to graze the tori crop grown in the field. Birender Pandey objected to it, whereupon Raghunath Pandey abused him which was resisted by Kanhaiya Pandey (deceased). On this Raghunath Pandey went to his residence and returned with other accused persons, armed. Raghunath Pandey was armed with rifle and other accused persons, Parshuram Pandey and Bishram Pandey were armed with gun and Somaru Pandey armed with spear. On entering the field on exhortation of Somaru Pandey and Shradha Ram, Raghunath Pandey fired four shots by his rifle. Two shots hit Kanhaiya Ram (deceased) who fell down after receiving injuries. Thereafter the appellants-Parshuram Pandey, Bishram Pandey along with other accused persons started indiscriminate firing by their guns which caused injuries to the villagers. The appellant-Somaru Pandey hurled spear towards Birender Pandey and Bharat Pandey which caused injuries to Bharat Pandey by the lathi protion of the spear. Surendra Pandey and other alleged eye-witnesses (PW-3) an Ram Ekbal Pandey (PW-4) reached the place of occurrence and saw the occurrence. The accused/appellants made good their escape. Kanhaiya Pandey was taken to Nana Nagar Hospital where he was declared dead.
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