RAJENDRA PRASAD CHOURASIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these appeals arise out of common judgment dated 6.7.1990 whereby and whereunder the Sessions Judge, East Champaran, Motihari in S.Tr.No. 201/1989 arising out of Motihari Muffasil P.S.Case No. 103/1988 has convicted the appellants Rajendra Prasad Chourasia under section 302/109 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for life while the other appellant Rajendra Prasad has been convicted for offence under section 302 of the Indian Penal Code and also sentenced to undergo Rigorous Imprisonment for life in addition to his being convicted under section 27 of the Arms Act with a sentence of R.I. for six months. The two sentences of appellant Rajendra Prasad, however, are to run concurrently.

(2.) THE prosecution case is based on the fardbeyan of one Ramanand Prasad, who on 4.7.1988 at about 12.15 A.M. in the night of 3.7.1988/ 4.7.1988 had stated before the Police Officer at Motihari Muffasil Police Station that at about 9.45 P.M. in the same night of

(3.) THE informant while giving background of the aforementioned occurrence has also stated that he had heard people saying that from the day earlier the appellant Rajendra Chourasia alongwith his bodyguard appellant Rajendra Prasad was celebrating in his medicine factory. The motive of the occurrence according to the informant was that his brother Babulal Prasad had filed a case in court against Rajendra Chourasia and there was a tension atmosphere on account of the same. He had also disclosed that the appellant Rajendra Chourasia had launched a proceeding under section 133 Cr.P.C. as with regard to constructing houses in front of his factory which was opposed by his brother Babulal Prasad who had made a protest as with regard to discharge of contaminated water coming out of Ayurvedic medicine factory of Rajendra Chourasia. According to the informant Rajendra Chourasia was aggrieved on account of opposition made by his brother Babulal Prasad and as such, he had got his brother eliminated and killed with the help of the appellant Rajendra Prasad, his bodyguard.