MOHAN M.SHANTANAGOUDAR - (1.) The common judgment dated 23.05.2013 passed by the High Court of Judicature at Patna in Criminal Appeal Nos. 221/1990, 225/1990 and 239/1990 confirming the judgment of conviction dated 11.06.1990 and sentence dated 12.06.1990 passed by the 7th Additional Sessions Judge, Bhagalpur is questioned in these appeals.
(2.) The case of the prosecution in brief is that while the informant, Meghu Pandit, PW2 was carrying soil that he had dug from a Gairmajarua land lying to the north of his house for the purpose of manufacturing earthen pots along with his wife, the fifteen accused accosted them in a group; hence, PW2 and his wife ran away towards their house out of fear, but were chased even to their house. The accused Brahamdeo Chaudhry also fired three gunshots in the air, and threatened to kill any villager who came forward. The informant, PW2 and his wife hid in their house and closed the doors, whereafter the aforesaid members of the unlawful assembly unsuccessfully tried to enter PW2's house by breaking the doors and also set part of it on fire. It is further alleged that all the accused caught hold of PW2's nephew, Ambika Pandit, who was working in his own field nearby, and dragged him away to another field, where the accused Brahamdeo Chaudhry shot Ambika Pandit with a gun, who died on the spot. According to the informant, he had seen the occurrence after coming out of his house. After the deceased was shot, the villagers raised a hue and cry and rushed to his field, upon which the accused Brahamdeo Chaudhry and Kapildeo Chaudhry opened fire, on account of which Shanti Devi, Subhash Sao, Wakil Yadav and Kokai Sao also suffered injuries.
(3.) The Courts below convicted the accused Brahamdeo and Kapildeo Chaudhry for the offences under Sections 302 and 302/149 of the Indian Penal Code (in short "IPC") respectively,and further under Sections 436/149, 148 and 307/34, IPC, and Section 27 of the Arms Act. The rest of the accused were convicted under Sections 302/149, 436/149 and 148, IPC. Additionally, the accused Anil Chaudhry, Bhavesh Chaudhry, Babulal Chaudhry and Mahendra Rai were convicted under Section 323/34, IPC.;