NARESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Ramchel Paswan, Dasrath Paswan, Bhudeo Paswan, Hardeo Paswan & Bidya Thakur of Cr. Appeal no. 81 of 1989 and Naresh Paswan of Cr.Appeal no.152 of 1989 have preferred the two appeals against the judgment dated 08th February, 1989 passed by learned 07th Additional Sessions Judge, Bhagalpur in Sessions Trial no. 154 of 1988 / 162 of 1988 whereby the learned Judge has convicted appellant Naresh Paswan under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life whereas for offence under Section 148 of the Indian Penal Code he was sentenced to undergo rigorous imprisonment for two years. His sentences were ordered to run concurrently. Other appellants have been convicted under section 302/149 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life and these appellants have also been convicted under Section 148 of the Indian Penal Code with a sentence of rigorous imprisonment for two years but both sentences have been ordered to run concurrently.

(2.) THE brief case of the prosecution which has resulted on the basis of Fardbayan (Exhibit-4) of Kusmi Devi (P.W.4) which was recorded by Sub-Inspector of Police Nandu Sharma (P.W.10) on 22nd September, 1986 at 10.30 A.M. at village Mohanpur was that her husband Rameshwar Mandal (deceased of the present case) and son were accused in a case of murder. In that case her husband (deceased) was enlarged on bail one year prior to the occurrence. Informant was requiring money for the litigation. Her husband (the deceased) had talked about with villager Suresh Mandal (P.W.5) for selling the land. THE informant's husband set out for Bhagalpur along with the informant, Suresh Mahto (P.W.5), Babu Lal Mandal (P.W.3), Nesraj Lal Mandal (P.W.1) and Saryug Mandal (P.W.2). While they were proceeding and reached at about 5.30 A.M. south of village at Pir Asthan Talab Imli then from Arhar field accused Naresh Paswan, Ramchel Paswan, Dasrath Paswan and Bidya Thakur came out. At that time, appellant Naresh Paswan having country made double barrel gun whereas appellants Dasrath Paswan and Ramchel Paswan having country made pistols and appellant Bidya Thakur armed with Lathi surrounded the deceased and others and threatened them not to raise alarm. In the meanwhile, appellants Bhudeo Paswan and Hardeo Paswan having pistols also assembled and started dragging the informant's husband and they took the informant's husband to the east side in the filed of Arhar. At that place the informant saw that Naresh Paswan put his double barrel gun upon the chest of the informant's husband and fired. THE informant and others ran towards south that is towards the village. On cry the accused person escaped towards south east. When informant came and returned to the Arhar field of Chamru Yadav she found her husband dead having one fire arm injury. THE motive behind the occurrence was that one and half years earlier Chaukidar Ramrup Paswan was killed and in connection with that killing the informant's husband and her two sons were suspected. THE informant's husband was released on bail one year prior to the occurrence. After being released from jail he was residing in village Mamlakha. Accused Naresh Paswan was hurling constant threat. In the morning the accused persons got opportunity and eliminated the husband of the informant (P.W.4). THE first information report was registered on 22nd September, 1986 at 5.30 A.M. and case vide Jagdishpur P.S. Case no. 126 dated 22.09.1986 was registered under Section 302/34 of the Indian Penal Code and investigation was taken up. After investigation charge sheet was submitted and the case was committed to the Court of Session where charges under section 302 /149 of the Indian Penal Code were framed against Naresh Paswan, Dasrath Paswan, Bhudeo Paswan, Hardeo Paswan, Bidya Thakur and Ramchel Paswan and charge under Sections 302 and 148 of the Indian Penal Code was framed against Naresh Paswan, Dasrath Paswan, Bhudeo Paswan, Hardeo Paswan, Bidya Thakur and Ramchel Paswan. Against Naresh Paswan charge was under Section 302 of the Indian Penal Code separately.

(3.) THE death of Rameshwar Mandal was caused by fire arm has not been challenged and the prosecution has been able to prove that Rameshwar Mandal was killed by fire arm.