PARSURAM PANDEY Vs. STATE OF BIHAR
LAWS(SC)-2004-10-73
SUPREME COURT OF INDIA
Decided on
October 14,2004
PARSURAM PANDEY
Appellant
VERSUS
STATE OF BIHAR
Respondents
Cited Judgements :-
RUPCHAND MONDAL VS. STATE OF TRIPURA [LAWS(TRIP)-2013-9-4] [REFERRED TO]PARESHWAR SATNAMI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-7-72] [REFERRED TO]
SUMERSINBH UMEDSINH RAJPUT ALIAS SUMERSINH VS. STATE OF GUJARAT [LAWS(SC)-2007-12-44] [REFERRED TO]
NIRANJAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2019-5-128] [REFERRED TO]
ANTU VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-2-108] [REFERRED TO]
SUBASH RAI VS. STATE OF SIKKIM [LAWS(SIK)-2015-5-6] [REFERRED TO]
RABIN PRADHAN VS. STATE OF SIKKIM [LAWS(SIK)-2016-7-3] [REFERRED]
PARAMJEET SINGH ALIAS PAMMA VS. STATE OF UTTARAKHAND [LAWS(SC)-2010-9-103] [REFERRED TO]
AHMED SAYEED VS. STATE OF M.P. [LAWS(MPH)-2022-1-27] [REFERRED TO]
YOGI RAM @ YOGI SAH VS. STATE OF BIHAR [LAWS(PAT)-2014-4-27] [REFERRED TO]
GOVINDBHAI ADHERABHAI KATARA VS. STATE OF GUJARAT [LAWS(GJH)-2015-10-69] [REFERRED TO]
SANNU KUDAMI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-12-41] [REFERRED TO]
VIKASH BHARDWAJ @ SONU VS. STATE NCT OF DELHI [LAWS(DLH)-2014-2-230] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MOHIT AND OTHERS [LAWS(HPH)-2017-9-46] [REFERRED TO]
SUNIL @ TIGAN @ AKHILESH VS. STATE OF DELHI [LAWS(DLH)-2009-2-199] [REFERRED TO]
MANOJ KUMAR VS. STATE NCT OF DELHI [LAWS(DLH)-2010-11-177] [REFERRED TO]
RAM NARAIN VS. STATE OF U.P [LAWS(ALL)-2021-1-229] [REFERRED TO]
PAHALWAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-2-13] [REFERRED TO]
KOK SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-5-85] [REFERRED TO]
SHANKAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-6-63] [REFERRED TO]
SUSHILA BAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2015-3-117] [REFERRED TO]
BABUA PANDEY VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-12-97] [REFERRED TO]
STATE OF WEST BENGAL VS. SWAPAN KUMAR SENAPATI [LAWS(CAL)-2009-1-20] [REFERRED TO]
VIDYA SAGAR DWIVEDI VS. STATE OF U.P. [LAWS(ALL)-2020-2-157] [REFERRED TO]
DINESH KUMAR VS. STATE [LAWS(DLH)-2010-3-138] [REFERRED TO]
PRADEEP VS. STATE [LAWS(DLH)-2010-3-359] [REFERRED TO]
PRADEEP VS. STATE [LAWS(DLH)-2010-4-221] [REFERRED TO]
VEMULA YELLAIAH VS. STATE OF A P [LAWS(APH)-2005-7-27] [REFERRED TO]
BAJARNATH KORRAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-3-78] [REFERRED TO]
DEVSHANKAR VS. STATE OF M.P. [LAWS(MPH)-2013-11-71] [REFERRED TO]
SUSHIL CHOUDHURY VS. THE STATE OF TRIPURA [LAWS(TRIP)-2015-10-37] [REFERRED TO]
KABIR VS. STATE [LAWS(DLH)-2014-4-64] [REFERRED TO]
TITIN KAR ALIAS TATAN ALIAS SUNJAY VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-7-16] [REFERRED TO]
MOUJURAM VS. STATE OF CG [LAWS(CHH)-2005-11-11] [REFERRED TO]
PHOOL SINGH & OTHERSR VS. A.G.A. [LAWS(ALL)-2016-5-132] [REFERRED TO]
PAPPU @ MEWA RAM VS. STATE OF U P [LAWS(ALL)-2019-2-24] [REFERRED TO]
CHANDAN SHIVA VAGURMEKAR VS. STATE OF GOA [LAWS(BOM)-2012-8-204] [REFERRED TO]
GIRIDHAR DEU DEVSEKAR VS. STATE OF GOA [LAWS(BOM)-2013-6-55] [REFERRED TO]
MAHEY ALAM VS. STATE [LAWS(ALL)-2020-3-22] [REFERRED TO]
RAJABHAU PANDURANG GAIKWAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-8-209] [REFERRED TO]
JANDEL SINGH VS. STATE OF M P [LAWS(MPH)-2019-4-71] [REFERRED TO]
MANGAL SINGH VS. STATE OF M. P. [LAWS(MPH)-2019-6-23] [REFERRED TO]
PRAKASH CHANDRA YADAV VS. STATE OF BIHAR [LAWS(SC)-2007-10-70] [REFERRED TO]
MOHINDER SINGH VS. STATE OF PUNJAB [LAWS(SC)-2006-3-95] [REFERRED TO]
NAGARAJ VS. STATE [LAWS(SC)-2015-3-18] [REFERRED TO]
VASUDEV VS. STATE OF M.P. [LAWS(SC)-2022-2-3] [REFERRED TO]
ARUN KUMAR PANDEY VS. STATE OF ASSAM AND ANOTHER [LAWS(GAU)-2016-5-111] [REFERRED TO]
KAMAL KISHORE BHAGAT AND ORS. VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2015-9-109] [REFERRED TO]
SUSHIL CHOUDHURY VS. STATE OF TRIPURA [LAWS(TRIP)-2015-12-43] [REFERRED]
SHAMBHU CHOUDHARY VS. STATE OF BIHAR [LAWS(PAT)-2022-12-47] [REFERRED TO]
NAND LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-4-98] [REFERRED TO]
BABUL LASKAR VS. STATE OF TRIPURA [LAWS(TRIP)-2014-1-21] [REFERRED TO]
BANNA LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-1-58] [REFERRED TO]
AJAY DINESH PIMPLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-1-161] [REFERRED TO]
SATNAM SINGH ALIAS TINKU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-3-151] [REFERRED TO]
PARMINDER KAUR VS. STATE [LAWS(DLH)-2014-8-13] [REFERRED TO]
ABDUL SALAM RIZVI @ SALAM AND ANOTHER VS. STATE OF CHHATTISGARH [LAWS(CHH)-2015-7-57] [REFERRED TO]
GANESH VS. STATE OF U.P [LAWS(ALL)-2012-5-60] [REFERRED TO]
RAM PRASANNA SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-12-75] [REFERRED TO]
MONGCHAJAI MOG VS. STATE OF TRIPURA [LAWS(GAU)-2012-10-36] [REFERRED TO]
BADRIPRASAD ALIAS CHUNNA & ORS VS. STATE OF MP [LAWS(MPH)-2017-10-301] [REFERRED TO]
MD. MUSLIM SON OF KALIMUDDIN VS. STATE OF BIHAR [LAWS(PAT)-2013-7-39] [REFERRED TO]
BAL KISHAN AND OTHERS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-4-49] [REFERRED TO]
RAMDAYAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-4-179] [REFERRED TO]
SARWAR KHAN VS. UNION TERRITORY OF J&K [LAWS(J&K)-2022-8-86] [REFERRED TO]
VIRENDRA PRATAP SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-10-3] [REFERRED TO]
RAJESH TANDI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-2-213] [REFERRED TO]
OMKAR VS. STATE OF U P [LAWS(ALL)-2014-7-74] [REFERRED TO]
DEBOBRATA PODDAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-6-77] [REFERRED TO]
RAJWA VS. STATE OF U.P. [LAWS(ALL)-2019-11-243] [REFERRED TO]
ASHOK SINGH @ MINTU SINGH (PINTU) VS. STATE OF U P [LAWS(ALL)-2016-5-376] [REFERRED]
BHARAT BAITHA @ BHAIRO BAITHA & ORS VS. STATE OF BIHAR [LAWS(PAT)-2018-1-64] [REFERRED TO]
MOHANSINGH S/O LACHCHHU AND OTHERS VS. STATE OF M.P. [LAWS(MPH)-2006-9-115] [REFERRED TO]
RAM CHARAN AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2020-4-10] [REFERRED TO]
ROHIT BABUJI THAKOR VS. STATE OF GUJARAT [LAWS(GJH)-2010-8-72] [REFERRED TO]
PARVEZ AHMED VS. STATE OF J & K [LAWS(J&K)-2022-11-58] [REFERRED TO]
TARAMAN KAMI VS. STATE OF SIKKIM [LAWS(SIK)-2017-12-3] [REFERRED TO]
LAXMI NARAIN & ANOTHER VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-354] [REFERRED]
KANHAIYA LAL BANJARA VS. STATE OF M.P. [LAWS(MPH)-2022-3-195] [REFERRED TO]
VASU VS. STATE OF KERALA [LAWS(KER)-2007-1-126] [REFERRED TO]
FRANCIS VS. STATE OF KERALA [LAWS(KER)-2015-6-54] [REFERRED TO]
PRASAD VS. STATE OF KERALA [LAWS(KER)-2019-4-143] [REFERRED TO]
KANNAN VS. STATE REP. BY THE INSPECTOR OF POLICE [LAWS(MAD)-2014-9-43] [REFERRED TO]
SURENDRA PANWAR VS. STATE OF RAJASTHAN AND ANOTHER [LAWS(RAJ)-2018-7-75] [REFERRED TO]
State of Karnataka by the Sub Inspector of Police Anti Dowry Cell C.O.D. VS. K.V. Prakashbabu S/o. Venkataramanappa, Venkataramappa S/o. late Rangappa and Lakahmidevamma W/o. Venkataramanappa [LAWS(KAR)-2011-7-224] [REFERRED TO]
SWAPNALI AND ORS. VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-4-109] [REFERRED TO]
SANTOSH DEVIDAS BEHADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-4-126] [REFERRED TO]
JUDGEMENT
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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(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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