The court affirmed that the appellants' actions constituted unprovoked assault resulting in death, negating their claim of private defense, supported by consistent eyewitness accounts.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. B.M. Tripathi, learned Senior Counsel for the appellants and Mr. Pankaj Kumar, learned P.P. for the State assisted by Mr. Arvind Kumar Choudhary, learned counsel appearing for the informant.

2. This appeal is directed against the judgment and order of conviction and sentence dated 23.08.1995 (sentence passed on 25.08.1995) passed by Shri Shyama Prasad Singh, learned Sessions Judge, Deoghar in Sessions Case No. 69 of 1994, whereby and whereunder, the appellants Pabrit Rawani, Sukhdeo Rawani and Rawan Rawani have been convicted for the charge u/s 302 of the IPC and have been sentenced to R.I. for life, appellants Pabrit Rawani, Gogal Rawani, Rawan Rawani and Bishwanath Rawani have been convicted for the charge u/s 307 of the and have been sentenced to R.I. for 10 years, the appellants Pabrit Rawani, and Arjun Rawani and Bali Rawani have been convicted for the charge u/s 323 of the and have been sentenced to R.I. for 01 year. The sentences passed against Pabrit Rawani and Rawan Rawani were directed to run concurrently.

3. The prosecution case arises out of the fardbeyan of Barka Rawani recorded on 22.07.1993, in which, it has been stated that at 8:00 A.M. the informant along with Barhu Rawani and his sons Ghanshyam Rawani and Bhim Rawani were ploughing the field. At the same place Khiro Rawani, Amin Rawani, Chito Rawani, Baleshwar Rawani, Sukar Rawani and others were uprooting the paddy seedlings. It has been alleged that a mob comprising of 22-23 persons variously armed had come and had prevented the informant and others in ploughing the field. This led to exchange of expletives and on the orders of Mathura Rawani and Maljit Rawani the accused persons committed assault upon the informant. The accused Pabrit Rawani and Sukhdeo Rawani assaulted Khiro Rawani as a result of which he fell down and thereafter Rawan Rawani climbed on his chest and pressed it and Khiro Rawani died at the spot. It has also been alleged that Chito Rawani was assaulted by Pabrit Rawani, Arjun Rawani and Bali Rawani. The incident occurred on account of the land dispute between both the sides.

Based on the aforesaid allegations Karon P.S. Case No. 43 of 1993 was instituted u/s 147, 148, 149, 447, 324, 307 and 302 of the IPC . On completion of investigation charge sheet was submitted and after cognizance was taken the case was committed to the Court of Sessions where it was registered as Sessions Case No. 69 of 1994. Charge was framed against the accused Pabrit Rawani, Sukhdeo Rawani and Rawan Rawani u/s 302 of the , against Mathura Rawani u/s 302/114 of the , against Pabrit Rawani, Gogal Rawani, Rawan Rawani and Bishwanath Rawani u/s 307 of the , against Pabrit Rawani, Arjun Rawani and Balli Rawani u/s 323 of the and against all the accused persons u/s 302/149 of the which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

4. Since the appellant no. 1 (Arjun Rawani) and appellant no. 4 (Mathura Rawani) are no more their appeals stand abated and survives only against the rest of the appellants.

5. The prosecution has examined as many as nine witnesses in support of its case.

6. P.W.1 (Amin Rawani) has stated that at 8:00 A.M. he was in his field uprooting the paddy seedlings and along with him were Kaleshwar, Khiro, Bhim, Chito and Sukar Rawani. Ghanshyam and Barhu were ploughing. Barka Rawani was also present. He has stated that Mathura Rawani had come with 23-24 persons and started abusing them and asked them not to plough the field. There was exchange of hot words between them. Mathura and Maljit had ordered the others to kill at which Pabrit, Rawan and Sukhdeo assaulted Khiro and felled him on the ground. Rawan Rawani climbed on the chest of Khiro and pressed it. Khiro died at the spot itself. Barka Rawani was assaulted by Rawan, Bishwanath, Pabrit, Kisun and Sukhdeo which resulted in Barka Rawani becoming unconscious. Chito was assaulted by Ar