JUDGEMENT
MRIDULA MISHRA,J. -
(1.)THESE three appeals have been preferred by the appellants against the judgment and order of conviction and sentence dated
6.2.2001/12.2.2001, passed by 6th Additional Sessions Judge, East Champaran, Bettiah in Sessions Trial No. 196 of 1996.
(2.)APPELLANT Ramadhar Patel has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment
for life. Other eight appellants have been convicted under Section
302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. All the appellants have further been convicted
under Section 201 of the Indian Penal Code and sentenced to undergo
rigorous imprisonment for five years. Appellant Mahendra Prasad has
further been convicted under Section 323 of the Indian Penal Code and
sentenced to undergo rigorous imprisonment for one year.
Fardbeyan of the informant Suraj Prasad was recorded on 30.8.1995 at 9.30 A.M. by the Officer -in -charge of Lauriya P.S. in the orchard of Jadan situated at village Gobraura. In his fardbeyan the
informant stated that on the same day at 6 o clock in the morning he
proceeded along -with his brother Satya Narain for orchard of Jadan to
attend the call of nature. At 6.15 A.M. they reached near the orchard of
Jadan. He sat for attending the call of nature and Satya Narain also sat
at some distance from him. In the meantime he saw his villagers Ramadhar
Patel, armed with rifle, Sumeshwari Yadav armed with Dabia, Bechu Prasad,
Rajendra Prasad, Nathuni Sonar and Shambhu Hazra armed with country made
gun, Mahendra Prasad, Sarjug Prasad and Pramod Sah armed with lathi
coming out from sugarcane field. They proceeded towards Satya Narain
Prasad and caught hold of him. Ramadhar put the rifle on chest of Satya
Narain Prasad and fired at him due to which he died instantly and fell
down. The informant raised alarm and ran towards Satya Narain on which
Mahendra Prasad assaulted him with lathi at his leg and he felll down.
Mahendra Prasad again assaulted him with lathifor 4 -5 times due to which
his legs and hands received injuries. His teeth were also broken. In the
meantime on the direction of Ramadhar, Sumeshwari Yadav and Sarjug Prasad
beheaded the head of Satya Narain from his body who was lying dead.
Nathuni also opened fire which caused pellet injury to Haribansh Dubey.
Accused persons went towards sugarcane field carrying the head of Satya
Narain and left the place of occurrence. The reason behind the occurrence
as alleged was the dispute regarding land between Ramadhar and the
deceased.
(3.)LAURIA P.S. Case No. 83 of 1995 was registered under Sections 302, 307, 401/34 of the Indian Penal Code and 27 of the Arms Act against all named accused persons. The case was investigated by the police and
after completion of investigation chargesheet was submitted against all
named accused persons. Cognizance was taken and the case was committed to
the court of sessions for trial. On completion of trial the accused
persons were convicted and sentenced as stated above.
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