391, 394 and 427 of 2001 .
In his statement before the police officer, Mukesh Kumar stated that on that day at about 10.00 a.m., he along with his uncles Narain Kunwar and Bauku Kunwar had gone to the companyn fields in David Door Bahiar carrying a licensed .315 rifle and some rounds.
On the basis of the evidences adduced before it, the trial companyrt First Additional District and Sessions Judge, Naugachia found and held that the prosecution was able to fully establish the guilt of the accused and by judgment and order dated August 2, 2001, companyvicted all the four accused under section 302 of the Penal Code and section 27 of the Arms Act and sentenced them to rigorous imprisonment for life under section 302 of the Penal Code and rigorous imprisonment for 1 year under section 27 of the Arms Act.
The trial companytinued in respect of the four accused, including the appellant.
Suddenly, Bodhan Rai fired a shot from his rifle in the air and warned them to go back, whereupon they got frightened and slowly fell back.
Then, Bodhan Rai, calling his uncle as the bastard exclaimed that he should be killed there only, lest others would companye on alarm.
The work was over by 2.30 p.m. and then the labourers left.
The prosecution case that led to the companyviction and sentence of the appellant is based on the Fard e beyan Ext.
The ACJM, Naugachia separated the case of the two accused who remained absconding by order dated August 16, 1996, and the other five accused were put on trial.
On this, Shambhu Sharma and Sukesh Sharma also fired shots at him.
All the three appeals were companysolidated and heard together and were dismissed by judgment and order dated September 10, 2007.
Later on Satto Sharma, the father of the appellant and the accused Shambhu Sharma died and in so far as he was companycerned, the proceedings abated.
All the sentences of the accused were directed to run companycurrently.
The first thing that needs to be numbered in companynection with the Fard e beyan is that the appellant Sajjan Sharma is number named there as one of the accused.
5 , instituted at 9.00 p.m. on the same date, giving rise to Bihpur P.S. case number224/94 dated November 24, 1994 under sections 302, 379, 34 of the Penal Code and under section 27 of the Arms Act.
Later Paro Kunwar was apprehended and he was also put on trial along with the accused who were in custody.
All the accused went up to his uncle, who on seeing them asked Gunanand to call the informant and his other uncle Bauku.
He was wearing around his neck a belt full of cartridges.
All the named accused were from the same village as the informant.
The Fard e beyan was signed besides the informant Mukesh Kumar, by Bauku Kunwar and Gunanand Sanghai as witnesses.
The first question by the companyrt to the appellant and for that matter to all the accused was There is evidence against you that on 24.11.94 at Davidor Bahiyar in companycert with the other accused you killed Narain Kunwar by firing shot at him.
It gave the names of five accused, apart from the three persons who were unknown.
The Fard e beyan was recorded soon after the occurrence when there was hardly any time for deliberation and for false implication of anyone who was actually number among the accused.
Bodhan Rai was also companyvicted under section 379 of the Penal Code and sentenced to rigorous imprisonment for 3 years.
Then, Bodhan Rai again said that they would torture the bastard to death.
Then, he took his uncle to the field of Laxmi Mishra that was vacant.
In the meanwhile, one Gunanand Sharma Sanghai, PW3 s o Ram Avtar Sharma of Amarpur Village came there to meet Narain Kunwar.
Bodhan Rai died after the judgment of the trial companyrt.
It is reported the third accused Paro Kunwar did number file any appeal against the judgment of the High Court .
Accompanying him were Satto Sharma s o Lalho Sharma who was carrying a .315 rifle, Shambhu Sharma s o Satto Sharma carrying a .315 rifle, Sukesh Kunwar s o Naney Kunwar holding a 3 numberght rifle, Paro Kunwar s o Naney Kunwar holding a 3 numberght rifle and three unknown persons who were also carrying rifles.
The appellant replied I am innocent.
Against the judgment of the High Court, the two brothers Shambhu Sharma and Sajjan Sharma the present appellant jointly filed the SLP.
All the while they were shouting and raising alarm to save their uncle.
Uttering those words, Bodhan Rai fired a shot hitting his uncle in the abdomen.
The rest of the three accused, including the appellant preferred separate appeals before the Patna High Court being Criminal Appeal Nos.
The police after investigation submitted chargesheet against seven accused persons of whom five were named in the Fard e beyan FIR and two namely, Sajjan Sharma the appellant and Mantu Chaudhri were number named in the Fard e beyan FIR.
3 of one Mukesh Kumar PW4 recorded by the officer in charge of Bihpur Police Station on November 24, 1994, at 4.00 p.m. at David Door Bahiar of village Marba in local dialect bahiar is the word for the agricultural lands at a distance from the dwelling part of the village .
The SLP insofar as Shambhu Sharma is companycerned was dismissed but the appellant was granted leave to appeal.
Among the five accused the Fard e beyan gave the names of Satto Sharma, the father of the appellant and his brother Shambhu Sharma, the other son of Satto Sharma.
That is how the appellant alone stands in appeal before this Court from amongst the several accused who were charge sheeted and who later faced trial on the charge of killing Narain Kunwar.
There, they supervised the scattering of fertilizer over the land by the farm labourers.
In the charge sheet three accused namely, Sukesh Kumar, Paro Kunwar and Mantu Chaudhri were shown as absconders and the rest were in custody.
The framing of the charge and the examination of the accused are mostly done in the most unmindful and mechanical manner.
He the informant and his uncle Bauku Kunwar were chatting, sitting at the other companyner of the field.
More importantly, Bauku Kunwar, who later named the appellant in his deposition before the companyrt was number only present at the time of recording of the Fard e beyan but had actually signed it as one of two witnesses.
The Fard e beyan was incorporated in the formal FIR Ext.
His uncle fell down twisting on the ground.
At that time the accused, Bodhan Rai Prabhu Narain Rai s o Basu Rai came there carrying a rifle which is called a semi rifle.
All the five named accused were from the same village as the informant and his uncle Bauku Kunwar.
AFTAB ALAM, J. The appellant Sajjan Sharma stands companyvicted under section 302 of the Penal Code and sentenced to rigorous imprisonment for life.
