BIKRAMADITYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises from an order dated 26th August, 2003, passed by the High Court of Judicature at Patna in Criminal Appeal No. 477 of 1999, where by the conviction of the Appellant under Section 302/34 of the Indian Penal Code and sentence of imprisonment for life passed by the Third Additional Sessions Judge, Patna in Sessions Trial No. 549 of 1996 by order dated 4th October, 1999, has been upheld.

(2.) The prosecution commenced on the basis of a report given by informant Ramjee Singh (P.W. 4) before the Sub Inspector of Police on 9th August, 1985 at 9:15 p.m. in Vikram Government Hospital, Patna. According to the First Information Report, four years prior to the occurrence, the informant had purchased a house from one Ramanand Mistri which was adjacent to the house of accused Bali Ram Singh. The prosecution has alleged that the said accused Bali Ram Singh had demolished the wall of the purchased house and on 9th August, 1995, he had gone to the Rani Talab Police Station to lodge the report. While the informant was returning from the police station along with his brother Ashok Singh (deceased) and reached in front of the house of said Bali Ram Singh all the accused including the Appellant herein surrounded the deceased and the present Appellant is alleged to have exhorted to shoot them dead whereupon accused Bali Ram Singh fired from his pistol causing injury to the deceased Ashok Singh. Hearing the sound of shots, according to the prosecution, witnesses Kedar Singh (P.W. 1) and Lal Bahadur Singh (P.W. 3) came there and seeing them all the accused persons fled away from the place of occurrence. The injured Ashok Singh was brought on a cot to Vikram Government Hospital and was declared dead.

(3.) The police after usual investigation submitted the charge sheet and the Appellant was charged for commission of the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The Appellant denied to have committed the offence, and claimed to be tried. Prosecution in order to bring home the charge altogether examined six witnesses out of which P.W. 1 - Kedar Singh, P.W. 2 - Shivendra Singh and P.W. 3 -Lal Bahadur Singh claimed to be the eye witnesses to the occurrence. P.W. 5 Dr. Pramod Kumar Jha held the post mortem examination on the dead body of the deceased.