RAGHO KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of 4th Additional District and Sessions Judge, Saran, Chapra, dated 24th March, 1986, in Sessions Trial No. 99 of 1980. The two appellants herein alongwith five others were put for trial before the learned Additional District and Sessions Judge. Appellant No. 2 herein, Jagarnath Kumhar, was charged of the offence under Section 302 of the Indian Penal Code while others were charged of the offence under Section 302/140 of the Indian Penal Code. On appreciation of the evidence on record the trial Court found that the prosecution had failed to prove its case as against the remaining accused persons, but held that the case against Jagarnath Kumhar was fully established. He, accordingly, held appellant Jagarnath Kumhar guilty of the offence under Section 302 of the Indian Penal Code and sentenced him to rigorous imprisonment for life. He also held appellant No. 1 Ragho Kumhar guilty of the offence under Section 302/149 of the Indian Penal Code and sentenced him as well to rigorous imprisonment for life. The appellants have preferred this appeal challenging their conviction sentence.

(2.) The occurrence is said to have taken place on 20th February, 1978 at about 12 noon in which one Kamla Pandey lost his life. The fardbeyan was lodged by Sheojee Singh (P.W. 7) at about 2 p.m. on the same day, pursuant to which the case was investigated by the Investigation Officer (P.W. 9), and ultimately a charge-sheet was filed against seven persons, who were tried in Sessions Trial No. 99/80. In hisfardbeyan Sheojee Singh (P.W. 7) stated that at about 12 noon he was going on his tractor to bring bricks, but when he reached near Brahmasthan of village Lauari, he saw that Kamla Pandey and Jagarnath Kumhar (appellant No. 2) were fighting in the orchard of Kamla Pandey. On a call being given by Jagarnath Kumhar (appellant No. 2) 15 to 16 persons came armed with lathi, Bhala, knife etc. After reaching the place of occurrence Ragho Kumhar (appellant No. 1) caught hold of Kamla Pandey (deceased) while others exhorted to assault the deceased. Jagarnath Kumhar (appellant No. 2) took out a knife and inflicted an injury on Kamla Pandey (deceased). Several persons ran to the place of occurrence alongwith the informant, but the accused persons fled away towards their village. Kamla Pandey, who was injured, fell down after walking a- few steps. He was informed by Kamla Pandey, (deceased) that Jagarnath Kumhar (appellant No. 2) was digging the root of his tree, and when he protested, the occurrence took place. Kamla Pandey (deceased) asked for water, but in the meantime he succumbed to his injuries. Several persons came thereafter.

(3.) At the trial the prosecution examined nine witnesses, but the prosecution story is supported by three witnesses, namely, informant Sheojee Singh (P.W. 7), Gautam Pandey (P.W. 1) and Gopal Pandey (P.W. 2). Two other witnesses examined by the prosecution, namely, Radha Krishan Singh (P.W. 3) and Lai Babu Pandey (P.W. 4) turned hostile. The other witnesses are not of any significance but we may notice that the doctor, who had conducted the post- mortem examination could not be examined, as he was not available having gone to a foreign land for higher studies, but the post-mortem report was formally proved by P.W. 8 Rama Shanker Paswan.