PETHU KANWAR Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) The appellants were arrayed as A2, A3, A1 and A4 before the Sessions Judge, Gumla and in the judgment, they will be referred as Al to A4 in the same order as they were arrayed before the Trial Judge for the sake of convenience. They were charged under Section 452 read with Section 34, I.P.C. and under Section 302 read with Section 34, I.P.C. On being found guilty under Section 452 read with Section 34, I.P.C, each of them was sentenced to undergo rigorous imprisonment for a period of two years. The Trial Judge, finding the appellants guilty, sentenced each of them to ten years rigorous imprisonment under Section 307 read with Section 34, I.P.C., while they were convicted and sentenced to imprisonment for life under Section 302 read with Section 34, I.P.C. The present appeal is against the said conviction and sentence.

(2.) Basanti Devi, P.W.4, is the wife of deceased Dibhajan Kanwar (D1). Mango Devi, P.W.6, is the wife of deceased Sawna Kanwar (D2) and Bhagwati Devi, P.W.5, is the daughter of Sawna Kanwar (D2). Futail Devi is the wife of deceased Bhawna Kanwar (D3). P.W.8 Shivnath Kanwar is the brother-in-law of P.W.4. Al, A2 and A3 are sons of Jagu Kanwar. Birendra Kanwar is the brother-in- law of Al to A3. Al to A3 were residing in village - Hathalda where D1 to D3 were also residing. Dl to D3 are brothers and Dl is the eldest of the three. There were land disputes between the accused and the deceased. Al to A3 threatened Dl to D3 with their lives. The case that was filed was also disposed of prior to the date of occurrence, which took place at 10.00 p.m. on 1-12-1994.

(3.) On 1 -12-1994, P.W.8 Shivnath Kanwar visited D1 since D1, who was working at Asta in Madhya Pradesh, had come to the village on leave. D2 and D3, brothers of Dilbhajan Kanwar (Dl), were also in the house. They had their meals and started singing songs. After sometime, the appellants-accused were heard abusing Dl to D3. Complement was returned by the deceased. Sometime thereafter Al to A4 reached the house of D1 and dragged D1, D2 and D3 towards their house. P.W.6 Mango Devi, P.W.7 Futail Devi, who is the wife of D3 as well as P.W.4 Basanti Devi, wife of D1, followed them with lantern. P.W.5 also went with them. After all the three deceased were dragged out of their house, the accused started inflicting injuries with Tangi. When P.Ws. 5 and 6 intervened to save their husbands from suffering injuries at the hands of the accused, the accused also caused injuries to the witnesses. The ladies raised alarm, but no one came to their help. Thereafter they went to a nearby village Rattasili where they remained for the night and went to the police station on the next day, where fardbeyan, Ext. 3/1, was given by P.W.4 Basanti Devi. On the basis of Ext.3/1, a crime was registered as Ext. 3/2. The Police Officer attached to the police station, who was examined as P.W. 14, took up investigation in the crime. On reaching the scene of occurrence, he found the dead bodies in the house of the accused and conducted inquest over the dead body of Dl by preparing inquest report, Ext.6/1. He also conducted inquest over the dead bodies of D2 and D3 and prepared inquest reports, Exts.4/1 and 5/1 respectively. He sent P.W.s.5 and 6 as well as Vikas Kumar, who suffered injuries, to the hospital for their treatment. Three dead bodies were also dispatched to the hospital, requesting the Doctors to conduct autopsy.