SHEO MAHADEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court at Patna dated 28 February, 1967 allowing the appeal in part by acquitting Ram Rattan Singh, Sheo Pujan Singh and Ram Nagina Singh and acquitting the remaining accused of the charge under section 447 of the Indian Penal Code and dismissing the appeal by upholding the conviction of those remaining accused under sections 302/149 of the Indian Penal Code and of the appellant and accused Manogi Singh under section 324 of the Indian Penal Code and altering the sentence of death imposed on Rajballam into one of rigorous imprisonment for life.

(2.) The appellant and seven others are all Gwalas by caste and residents of village Rayapur situated at a distance of 5 miles from Maner Police-station in District of Patna where the occurrence took place. The 8 accused belonged to three different families. The accused Sheo Pujan Singh and Rajaballam are sons of the accused Manogi Singh. The appellant Sheo Mahadeo Singh and accused Ram Nagina are the sons of accused Ram Charan. The accused Ram Rattan is the son of accused Ram Lakhan.

(3.) The prosecution case in short is that at about 7 A. M. on 23 October, 1965 the accused Rajballam and seven others including the appellant attacked Ram Prasad and other members of the prosecution party. Sarjug and Suraj Mahto the two brothers were sitting near their tubewell towards the south of the village Bayapur when accused Ram Lakhan armed with garasa and the other accused armed with bhalas came suddenly in a mob and began to demolish the stairs attached to the tubewell. On protest by these two brothers under orders of assault given by the accused Ram Charan, the accused Manogi and the appellant gave bhala blows on the person of Sarjug Prasad. On alarm raised by Sarjug and Suraj Mahto, their other brothers Lakshman and Ram Prasad, the deceased, arrived there and protested against the action of the accused. Then the accused Rajballam gave a bhala blow at the throat of Ram Prasad who died at the spot. Ram Lakhan gave garasa blow on the head of Bharat. The remaining accused are also alleged to have continued wielding their bhalas and Ramcharan's bhala struck the right hand of Bharat. Several persons of the village came as a result of hue and cry. The accused fled away.