J U D G M E N T ARUN KUMAR, J The companyplainant Narendra Nath Khaware filed a Special Leave Petition in this companyrt under Article 136 of the Constitution of India seeking leave to appeal against the judgment dated 6th April, 1993 of the High Court of Judicature at Patna.
As per the case of the prosecution, the companyplainant along with his son Diwakar Khaware deceased was getting his maize field weeded through the help of a few labourers on the morning of 13th June, 1982.
However, as the main gate of the house had remained open, the accused persons rushed inside the house and broke open the door which had been bolted from inside.
The incident for which these accused were charged is the murder of Diwakar Khaware, son of the companyplainant Narendra Nath Khaware appellant on 13th June, 1982.
The companyplainant tried to save his son but he was also assaulted by accused Saroj Jha and Srinath Khaware.
On this Parasnath Khaware, who was accompanied by his son accused Bishwanath Khaware and Shrinath Khaware abused the labourers and drove them away from the field.
The companyplainant took strong objection to this but the accused party started abusing the companyplainant and his son and started pelting stones on them.
Diwakar Khaware was dragged outside the room in the companyrtyard of the house where accused Bishwanath Khaware is said to have given a bhala blow on his stomach.
Leave to appeal was granted by this companyrt vide order dated 4th August, 1994 and the matter was registered as Criminal Appeal No.499 of 1994.
The companyplainant and his son also threw stones on the opposite party in their defence.
The State of Bihar filed an appeal against the said judgment of the Sessions Court.
Seeing them, the companyplainant and his son Diwakar Khaware ran for their safety and entered the nearby house of Ramdhani Jha.
While this was going on, the villagers accompanied by Ram Dhani Jha, Basant Kumar Jha, Surendra Jha and Sachidanand Jha came and intervened and saved the victims from further assault.
They entered the room where the companyplainant and his son Diwakar Khaware were hiding.
The sessions companyrt by its judgment dated 19th June, 1992 while giving benefit of doubt to the accused persons and finding fault with the investigation acquitted all the accused persons.
After a few hours, that is about 10.00 a.m., few villagers informed the companyplainant that the accused persons were companying back armed with weapons.
They hid themselves in a room by bolting the room from inside.
His real brother Parasnath Khaware came on the spot and forbade the companyplainant from doing so.
The companyplainant did number pay heed to this warning thinking that the accused persons were his close relations.
Accused Parasnath Khaware gave a pharsa blow on the head of Diwakar Khaware.
As a result of the blow, Diwakar Khaware fell down.
The companyplainant insisted that he had right to carry on the work in the field which belonged to him.
The said appeal has companye up for final hearing and disposal before this companyrt.
The companyplainant and his son Diwakar Khaware companytinued with the work in the field.
Against the said judgment of the High Court, the companyplainant filed a Special Leave Petition in this Court.
The other accused persons also assaulted Diwakar with their weapons.
However, Diwakar Khaware died on the spot.
Leave was granted.
As a result of this, the accused persons went away.
Within a short time, all the seven accused persons reached the spot.
At the time of hearing, the learned companynsel appearing for the respondents raised a preliminary objection about the maintainability of this appeal.
Police came in the village at about 1.00 p.m. when statement of the companyplainant Narendra Nath Khaware was recorded.
In the meantime, some villagers came and intervened in the fight.
However, the companyplainant companyld have filed a Criminal Revision which he did number do and for this reason also the companyplainant had lost the right to file any appeal.
Hence the present appeal.
On the basis of the said statement, an FIR was recorded and the seven accused persons were charge sheeted and tried for the aforesaid offences.
