GUPTESHWARRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant-Gupteshwar Ram has been convicted under Sections 302 of the Indian Penal Code (for short I. P. C) and 27 of the Arms Act and has been awarded sentence of rigorous imprisonment for life and two years rigorous imprisonment under each count. Appellants- Nand Kumar, Budhu Ram, Tribhuwan Ram, Mahendra Ram and Rajbali Pd. Ram have been convicted under Sections 302/149, I. P. C and have been sentenced to rigorous for life. Appellants-Gupteshwar Ram, Nand Kumar Ram and Budhu Ram, have further been convicted under Section 148, I. P. C. and sentenced to two years rigorous imprisonment. Appellants-Tribhuwan, Mahendra and Rajbali have been further convicted under Section 147, I. P. C. and sentenced for one year R. I. Appellant Mabendra has further been convicted under Section 323 I. P. C. and sentenced to six months R. I. However, all the sentences have been ordered to run concurrently. The other four accused, namely, Bhikhari Ram, Umesh Ram, Radha Ram and Shree Narain Ram have been acquitted by the trial court.

(2.) A first information report (Ext. 6) was recorded on 28/5/1986 at 1.30 P. M. by Kanhaiya Ram (P. W. 9) at Jagdishpur police-station district Bhojpur saying that on 28/5/1986 the female of the house of the informant had gone to perform Puja in connection with Chauthari of his maternal nephew, Vijay Kumar at about 10.30 P.M. and when they were returning and reached in the Gali in front of the house of Bhudhu Ram, then Budhu Ram abusingly said that they were coming at his door Upon this Amir Ram and his son (deceased) protested. Hence the matter escalated Then Gupteshwar Ram armed with gun, Rajbal with lathi, Budhu with bhala, Mahendra with lathi including Nand Kumar with garasa and Tribhuwan with lathi came together and started brick-battings On reaching Mahendra Ram gave lathi blow on the head of Amir Ram, when Rajnath went to save his father then Gupteshwar Ram fired at Rajnath who getting gun shot injury on the right side of his chest fell down and died immediately. On the sound of gun fire the people of the village collected and so the accused ran away At that time Rampujan Ram (P. W 2), Vijay Kumar Ram (P W. 1), Devendra Kumar (P. W. 3) and others were present on the spot who had seen the occurrence. The motive for the offence was said to be old enmity on account of Jagdishpur P. S. Case No. 156/85 and counter case No. 157/85 and there was a proceeding under Section 107, Cr. P C.

(3.) The case was investigated by Birendra Mohan Jha (P. W. 10) who examined the informant (P W 9), Sheoji Ram (P. W 5) & Ganga Bishun Ram (not examined). He went to the place of occurrence where he found the dead body and prepared the inquest report (Ext. 7) He examined the witnesses. He then sent the dead body for post-mortem examination which was done by Or K. P. Rai (P. W. 11). After completing the investigation he submitted charge-sheet against the appellants.