RAMSABAD CHOUDHARY AND 3 ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of the same judgment. Therefore, with the consent of the parties and for their convenience, they have been heard together and are being disposed of by this common judgment. Appellants Ramsabad Choudhary, Subansh Choudhary, Ramakant Choudhary and Suresh Choudhary of Criminal Appeal No. 117 of 1984 and Yogendra Choudhary of Criminal Appeal No. 191 of 1984 and have been found guilty for an offence under Sec. 302/34 of the Indian Penal Code; shortly put as the Code hereafter, and each of them has been sentenced to undergo rigorous imprisonment for life. Appellants Suresh Choudhary and Yogendra Choudhary have been further convicted under Sec. 148 of the Code and each of them has been sentenced to undergo rigorous imprisonment for one year for this offence. Appellant Suresh Choudhary has further been convicted for an offence under Sec. 324 of Code and has been sentenced to suffer rigorous imprisonment for one year under this count as well. Appellants Ramsabad Choudhary, Subansh Choudhary and Ramakant Choudhary have further been convicted under Ss. 147 and 323/34 of the Code and each of them has been sentenced to undergo rigorous imprisonment for six months under each count. All the sentences awarded to the appellants have been directed to run concurrently.

(2.) The prosecution case, leading to these appeals, is that on 19th July, 1982, at about 6.30 A.M. the deceased Ramadhar Thakur was getting his lands irrigated for transplanting paddy in his field from a canal water. All these appellants came there armed with lathi and bhala. Appellants Suresh Choudbary and Yogendra Choudhary were armed with bhala and the rest of the appellants were armed with lathi. They asked deceased Ramadhar Thakur not to irrigate his land because at first instance they (the appellants) would irrigate their own land. This led to exchange of hot words. Then, on being ordered by appellant Ramsabad, appellants Subansh, Ramakant and Ramsabad assaulted Ramadhar Thakur with lathi and appellant Yogendra gave a bhala blow on the right side of his chest as a result of which he fell down in the adjacent filed belonging to Binda Thakur (P.W.5) and died. It is said that Sunil Kumar Thakur (P.W.2), Binod Thakur (P.W.3) and Nawal Kishore Thakur (P.W.4) came there and wanted to save the deceased but they were also assaulted. The informant Ramnath Thakur (P.W.1) was there and he also protested against the high handedness of the appellants on which he was also assaulted by appellant Suresh with bhala. After the assault, the appellants took to their heels. Thereafter the injured persons were brought to Motipur hospital for treatment.

(3.) P.W.13 Bishwanath Sharma was at the relevant time the officer incharge of Motipur police station. On 19th July, 1982, at about 9 A.M. he (P.W.13) received an O.D. slip from Motipur State Dispensary on the basis of which he went to the said dispensary at 9.15 A.M. and recorded the fardbeyan of the injured P.W.1 Ramnath Thakur which is Exhibit 1. On the basis of Exhibit 1, a formal first information report was drawn up and a case was registered. P.W.3 started investigating the case and on being transferred, he handed over charge of the investigation to P.W.12 who submitted chargesheet against these appellants.