BAHADUR CHAUDHARY; RAM DULAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals were heard together as they arise out of the same judgment. These appeals are directed against the judgment and order of conviction and sentence passed by 6th Additional Sessions Judge, Sasaram, Rohtas in Sessions Trial No. 383 of 1996, whereby the appellant Ram Dular Choudhary has been convicted under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life. He has been further convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. Appellant Bahadur Chaudhary has been convicted under Sections 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and has been further convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. Both the appellants were convicted under Section 148 of the Indian Penal Code but no separate sentence was recorded against them.

(2.) The fardbey an of the informant (PW 5) was recorded by the S.I. Dinesh Kumar (PW 7) on 25.7.1995 at 9.30 a.m. and the prosecution story, as disclosed in fardbey an in short, is that on 25.7.1995 the informant along with Satyanarayan Choudhary (PW 4), Kaushalya Devi (PW 3), Sumitra Devi (PW 2), Ramuna Devi and Bechan Choudhary (PW 6) were gossiping near the flour mill of the deceased when the deceased Sheo Mandir Choudhary came from the house at about 7.00 p.m. and went towards north to ease himself. It is alleged that 20 to 22 persons being armed with gun and rifles were hiding themselves in the bamboo clumps and since the deceased noticed them, he ran away towards mill. The accused persons chased him from north and south and fired indiscriminately upon him but the deceased came to the mill premises and was trying to close the door of the mill but in the meantime the appellants Ram Dular Choudhary and Bahadur Choudhary who were armed with rifle and gun respectively came at the mill and pushed the door which was opened and both of them fired from their respective weapons. The shot fired by appellant Bahadur Choudhary hit at the door frame of the mill and the shot fired by appellant Ram Dular Choudhary hit on the chest of the deceased who died instantaneously. The other accused were also firing from their guns to scare away the villagers. The informant has named all the 20 accused whom he claimed to have identified. The motive for the alleged occurrence is previous land dispute going on between the parties.

(3.) On the basis of the fardbeyan a case under Sections 147, 148, 149 and 302 of the Indian Penal Code and 27 of the Arms Act was registered against all the 20 accused and the police after completing the investigation submitted charge-sheet against them and the case was committed to the Court of Sessions for trial.