LAWS(SC)-2001-1-100

UMESH PRASAD SINGH Vs. STATE OF BIHAR

Decided On January 18, 2001
UMESH PRASAD SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 1.5.1996 passed by the High Court of Patna in Criminal Appeal no. 27/85 and Criminal. Revision No. 762/ 85, accused has filed these appeals. By the impugned judgment and order the High Court has set aside the order dated 11.6.1985 passed by the Additional Sessions Judge III, Patna in sessions Trial No. 138/1984 acquitting the accused for the offence punishable under section 302, IPC and Section 27 of the Arms Act. The High Court convicted the appellant for the offence punishable under Section 302, IPCand sentenced him to undergo rigorous imprisonment for life and for the offence under Section 27 of the Arms Act he was sentenced to undergo rigorous imprisonment for 5 years. Both sentences were ordered to run concurrently.

(2.) In the present case it is the prosecution version that the incident took place at about 6. 00 a. m. on 11.8.1983 because of a quarrel between the deceased Ashok Kumar Singh and accused Umesh Prasad Singh. Admittedly, both were residing in the same village in the same locality having adjacent houses. At about 6. 00 a. m. deceased had gone to take out water from the well in village Bakama, District Patna. At that time the appellant also had gone there and wanted to take water first. Therefore, quarrel ensued between them. Both were separated by Chandrika Prasad Singh (PW 4) , Anirudh singh (PW 3) and other persons. Thereafter the deceased went back to his house. Accused also returned to his house. Soon thereafter accused took out his licensed gun and shot at ashok Kumar Singh hitting him on the chest as a result of which Ashok Kumar Singh fell down on the ground. Thereafter, accused ran away, deceased was lifted on a cot and taken to Barh Hospital via village Kondi. Deceased was unconscious all throughout and expired in the hospital. It is the prosecution version that chandrika Prasad Singh (PW 4) father of the deceased, lodged the Fardbeyan (Ext. 2) on 11.8.1983 at 10. 00 a. m. at the Barh Hospital which was recorded by Ashok Kumar, sub-Inspector of Police of Barh Police Station (PW 5). Thereafter, the inquest Panchnama was drawn and Fardbeyan was sent to the Bhadaur police Station for institution of the case. After completing the investigation, the accused was charge-sheeted and tried.

(3.) At the time of hearing of these appeals, learned counsel for the appellant submitted that the High Court committed patent error in reversing the finding given by the learned additional Sessions Judge. He also submitted that sessions Court rightly arrived at the conclusion that the FIR was ante-timed, there was non-examination of the Pujari of the temple from where the blood was recovered and there is total negligence on the part of the investigating Officer in not sending the gun and the empty cartridges for examination by the ballistic expert.