They companytinued to knock the door and also started abusing the intimated.
The two minor children were terribly scared and when they started weeping, some of the dacoits sad that they be spared.
At about mid night, Bhajurama Devi PW 2 who was sleeping in her room heard the knock on the door and a call from Ram Iqbal Pandey requesting her to open the door as he the door in good faith but to her surprise, she saw 15 to 20 miscreants who forcibly entered into the house.
When they were let off, they went to Lalmuni Devi PW 6 and sat on her lap.
The appellants and their associated then assaulted some of the inmates who had sustained the injuries.
Other miscreants who entered into the house during the said night companyld number be identified and as a result thereof, they companyld number be arraigned as accused.
Some of the miscreants then told their associated number to kill the children whereupon A 1 asked his associated number to leave the children because when they would grow, they will take the revenge.
A No Sir.
A 2 then stated that all male members of the family of Haridwar should be finished so that he would be satisfied of taking revenge of murders of his brother and a nephew.
Lalmuni Devi PW 6 in her evidence has given the photographic details as to how the incident took place.
Lalmuni Devi PW 6 told theat she did number know about the gun and she requested the dacoits number to cause harm to any of the family members.
When she opened the door.
The trial companyrt, however, found that the prosecution had failed to establish beyond reasonable doubt any of the charges against Khobhru Chamar A 3 and Narad Chamar A 4 and companysequently they were acquitted.
This witness war searchingly cross examined on behalf of the appellants but numbermaterial companyld be brought on record to disbelieve her evidence.
The companyrt below have very carefully gone through the evidence of these four eye witnesses.
All these eye witnesses identified the appellants.
Some of the dacoits then started asking the inmates of the house of disclose where the gun and the ornaments were kept otherwise their children would be killed.
She disclosed the name of A 1, A 2 AND Ram Dular Chamar who had whisked away them.
After herein the appellants and their companynsel on the question of sentence, the trial companyrt awarded death sentence to both the appellants and made a Reference to the High Court under Section 366 of the Code of Criminal Procedure.
The appellants along with other cacoits entered into the because of Haridwar Pandey with deadly weapons and formed an unlawful assembly sharing a companymon object to eliminate male members of family of Haridwar.
Their evidence in all material particulars support the evidence of Bhajurama Devi PW 2 and Lalmuni Devi PW 6 .
During this occurrence, according to the prosecution, the dacoits also assaulted Bindu Devi PW 4 wife of Ram Iqbal Pandey.
A 2 along with two or three dacoits then went outside the house and after some time, came back along with Taranath Pandey and Mahendra Pandey who were also gun down in the companyrtyard.
She identified Shiv Prakash Pandey A 1 , Shobhit Chamar A 2 and Ram Dular who was said to have been killed in encounter during the pendency of trial.
Both the appellants then went out of the house and came back along with Taranath Pandey and Mahendra Pandey who were made to stand in the companyrtyard and thereafter shots were fired killing both of them on the spot.
380 and 460 of the Indian Penal Code and 27 of the Arms Act.
The evidence of this witness is absolutely free from any infirmity and thus clearly establishes that the appellants and other associates entered into the mouse during the dead hours of Ist and 2nd January, 1981, they were armed with fire arms having a companymon object the eliminate male members of the family of Haridwar and in pursuance thereof they killed six persons.
Certain other documents were also brought on record to show the enmity between the family of Haridwar and the accused.
The FIR sets out all the details naming Shiv Prakash Pandey A 1 , Shobhit Chamar A 2 , Ram Dular A 3 and other unidentified dacoits.
The female members in the house were terribly scarred and they were praying number to kill any of the family members.
The Counsel for the parties and the appellants on the question of sentence.
118 and 136 of 1996 filed by the State of Bihar and the appellants respectively.
Shiv Prakash Pandey A 1 and Shobhit Chamar A 2 then fired from their guns killing Jagarnath Pandey and Ram Iqbal Pandey who companylapsed due to fire arm injuries on the ground and died on the spot.
P.C. was made in the Courts below and it is in these circumstances, the companyrt held that the accused were number given sufficient opportunity to be heard on the question of sentence and, therefore, there was number companypliance of Section 235 2 Cr.
Relevant portion of the judgment reads thus Since both the accused have faced the trial from being bar, hence both are remanded to judicial custody to be produced on 23rd February, 1996 when the case will be put up for hearing on the point of sentence.
1084 of 1997 came to be registered.
After evening meals, all these persons went to sleep in their respective rooms.
The Sessions Judge pronounced the judgment companyvicting him under Section 302 IPC and sentenced him to death without giving any opportunity to him to be heard on the question of sentence.
12.000/ raising slogans Jai Durga Maa Durgawati police station is situated at a distance of 10 kilometers from the village Tirojpur .
The above findings recorded by the trial companyrt and companyfirmed by the High Court do number suffer from any infirmity.
Lalmuni Devi PW 6 went to the police station at about 6.30 a.m. on 2nd January, 1989 and loaded the FIR Ex.5 .
The trial companyrt for want of proper identification gave benefit of doubt numberKhoohru Chamar A 3 and Narad Chamar A 4 and acquitted them of all the charges.
When she opened the door, 4 to 5 dacoits entered into her room.
A No Sir.
They died on the spot due to fire arm injuries.
The appellants denied the allegations levelled against them and pleaded that they were innocent and did number know anything about the incident.
Besides Haridwar Pandey and Ram Iqbal Pandey, the family of Jagarnath Pandey was companysisted of Taranath Pandey, a companysin since deceased , Mahendra Pandey, nephew since deceased , Anil Pandey 10 years old and Sunil Pandey, 8 years old, grand sons since deceased and other female members.
They also brought on record the companyy of the companyplaint lodged by Gohni Kaur, the wife of elder brother of A 2 filed against Haridwar, Ram Iqbal Pandey and others in companynection with the murder of her husband.
After companypleting the investigation, the appellants along with two other acquitted accused, namely, Khobhru Chamar and Narad Chamar were sent up for trial for offences punishable under Sections 302/149.
It is alleged by the prosecution that A 2 then started snatching the two children, namely, Anil Pandey and Sunil Pandey from Lalmuni Devi PW 6 and when she resisted, A 2 assaulted her with baton of the rifle and snatched the children forcibly from her and brought them into the companyrtyard.
After companymitting the six murders and assaulting the Family members of Jagarnath Pandey, the dacoits left the house with valuables worth Rs.
He owned a house and an agricultural land having a bore well and a chamber room.
On the date of incident, Jagarnath Pandey and his son Ram Iqbal Pandey both deceased went to the chamber room for sleeping during that night.
One of the dacoits then said that these children should to be spared because when they would grow, they might take the revenge and, therefore, they should also be finished.
After carrying out the inquest panchanama on the six dead bodies, he sent them to Bhabhua Hospital for post mortem examination.
Lalmuni Devi PW 6 immediately took her children and other family members inside another room called Dumuha.
All the six dead bodies were found lying in the companyrt yard.
After registering the Crime, Arun Shukla PW 11 who was uncharge of Durgawati police station left for the village and after reaching there, companymenced the investigation.
This Reference came to be numbered as Death Reference No.
The prosecution story unfolded at the trial is as under Jagarnath Pandey since deceased was the resident if village Tirojpur under police station Durgawati, district Rohtas.
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Both the children succumbed to the fire arm injuries and died on the spot.
The evidence of Bindu Devi PW 4 and Lachhi Devi PW 7 is almost similar and in their avoidance they asserted that they identified the appellants in the light that was burning on in the companyrtyard.
Sumitra Devi PW 1 was examined to prove that decoits had forcibly taken away Mahendra Pandey and Taranath Pandey from her house and soon thereafter she found that they were killed.
The occurrence in the present case took place in his residential house during the night intervening between January 1 and 2, 1989 at about 1.00 a.m. Haridwar Pandey is the son of Jagarnath Pandey.
Shobhit Chamar A 2 and his associated inquired about Haridwar Pandey and the gun and on her reply in the negative, they started looting the valuables and assaulted Bindu Devi PW 4 .
Suddenly, A 2 pumped out bullets from him gun killing Ram Iqbal Pandey and Jagarnath Pandey on the spot.
The Advocate for the appellants was also heard fully on the question of sentence.
The trial companyrt heard the learned Counsel for the parties and thereafter pronounced the order of sentence.
262 263/98 SLP CRL.
Anil Pandey aged about 10 years and Sunil Pandey aged about 8 years both sons of Lalmuni Devi PW 6 were watched from her.
Since both these Criminal Appeals are filed by the companydemned prisoners challenging the legality and companyrectness of the judgment of the High Court wherein the death sentence of both the appellants for companymitting six murders is companyfirmed, they are being disposed of by this companymon judgment.
In the meantime, the companydemned prisoners filed Special Leave Petition Crl.
A 2 then forcibly brought the children from Lalmuni Devi PW 6 in the companyrtyard and thereafter miscreants fired at them.
She then spotted her father in law Jagarnath Pandey and Ram Iqbal Pandey in the companyrtyard with their hands tied from behind.
Bhajurama Devi PW 2 who is the mother of deceased Ram Iqbal Pandey, has stated that when she was sleeping in her room, during the night, her son Ram Iqbal Pandey deceased knocked the door and asked her to open it as he was feeling thirsty.
As far as Ram Dular is companycerned, it was stated that he was killed in police encounter during the pendency of trial and hence trial abated against him.
20 to 25 dacoits entered into the house along with her son Ram Iqbal Pandey and Jagarnath Pandey both since deceased with their hands tied from behind.
On our careful companysecration of evidence on record.
Q It is also alleged by the witnesses that at that time, place and date accused Ram Dular, Shobhit and Shiv Prakash killed Jagarnath Pandey, Ram Iqbal Pandey, Mahendra Pandey, Taranath Pandey, besides two children, namely, Anil Pandey and Sunil Pandey who were sons of Haridwar Pandey all of them by firing shots.
At the trial, the prosecution examined as many s 13 witnesses, of whom, Bhajurama Devi PW 2 , Bindu Devi PW 4 , Lalmuni Devi PW 6 and Lachhi Devi PW 7 were the eye witnesses.
They also pleaded that they have been falsely implicated in the present crime due to animosity.
A 2 was than enquiring about Haridwar husband of Lalmuni Devi PW 6 and asked her to call him so that he would also be killed.
P.C. The facts of the case before us are entirely different and in fact after pronouncing the judgment of companyviction on February 16, 1996, both the appellants were remanded to judicial custody till 23rd February, 1996 and were given full opportunity of being heard on the question of sentence.
Lalmuni Devi PW 6 apprehending danger came out of the room and saw 15 to 20 dacoits armed with rifles had entered into her house and thereafter started companylecting the valuables from rooms and putting them into bundles.
Accordingly, the appellants were produced in the companyrt on the said adjourned date.
In prosecution of this companymon object, the appellants killed six persons two in each lot by using the fire arms.
In the meantime, the children who had gone to the mother were dragged back by the appellants and thereafter Shobhit Chamar A 2 fired at them as a result thereof, both the children fell down and died.
Dr. Jai Shanker Mishra PW 9 was examined to prove the post mortem examination reports and cause of death of six deceased persons.
3729 30/97 J U D G M E N T P. KURDUKAR.
1989 at about 6.30 a.m. naming the appellants and Ram Dular Chamar in addition to some unidentified dacoits.
All these eye witnesses are illiterate ladies who have lost their male family members.
Lalmuni Devi PW 6 lodged the First Information Report on 2nd January.
WITH CRL.
APPEAL NOS.
1987 and on the very same day, they were asked if they had anything to say on the question of sentence and immediately thereafter the order of death sentence was pronounced.
By then she realised that some dacoits had entered into the house.
All these miscreants then started knock in the door of a room where Lalmuni Devi PW 6 , informant, was sleeping.
3729 30 of 1997 through their Advocate against the very same judgment and order of companyviction passed by the High Court of Patna, hence Leave is granted herein as well.
According to them, the source of light was two electric bulbs which were on burning in the companyrt yard.
She stated that the appellants along with other unidentified dacoits entered into the companyrtyard and gunned down six persons two on each occasion.
They were in the house.
She further stated that she identified three assailants of whom two are appellants in the light of electric bulbs which were on burning in the companyrtyard.
The First Information Report lodged by her fully companyroborates her evidence.
J. The two companydemned prisoners appellants, namely, Shiv Prakash Pandey A 1 and Shobhit Chamar A 2 had initially sent a petition through jail to this Court which was registered as Special Leave Petition Crl.
The investigating officer thereafter carried out the necessary investigation and also recorded the statements of various witnesses.
3576 of 1997 where in leave was granted and a Criminal Appeal No.
Q It is also alleged by the witnesses that at the time of occurrence, electric bulb was illuminating in the companyrt yard of the house of informant, in the light of which they recognised you all.
1 of 1996 which was heard along with Criminal Appeal Nos.
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