RAMJI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Unresolved dispute over property led to the murder of Indradeo Singh at the hands of his brother Ramji Singh, appellant No.1 and his two sons Ved Prakash Singh, appellant No.2 and Bhanu Singh. Incident took place on 28th September, 1983 at 7.00 A.M. near the place of Bachcha Pandey towards the west of house of the deceased.

(2.) The first informant is the Rajpati Devi, PW 4, wife of the deceased and first information report was recorded by S.I. Gopal Prasad, Investigating Officer, of P.S. Kopa, Distt. Saran at her house on the same day at 10.00 A.M. The concerned Police Station is at Kopa which is at the distance of 5 to 6 Kms from the place where the occurrence took place. It was reported by her that in the morning her husband Indradeo Singh had gone to field for easing out. While she was brooming her house, she heard the shouts of her daughter, hearing which, she came out of her house and saw that towards the West, in front of door of Bachcha Pandy, Bhanu Singh and Ramji Singh had caught hold of waist of her husband and threw him down and began to assault him with lathis. Ved Prakash Singh also brought a lathi. He had a chura as well in his hand. Bhanu Singh and Ved Prakash started assaulting the deceased and their father Ramji Singh kept on shouting "Jo Hoga Dekh lenge" [whatever happens we will see]. When she tried to rescue him then Bhanu Singh and Ved Prakash Singh assaulted her by lathis. Her husband died on the spot. All the three accused persons were brandishing lathies. The accused persons did not allow anybody to go near the dead body of Indradeo Singh. After the death all three persons fled away but before fleeing they washed the blood which had fallen on the earth. The motive for murder was stated to be some family dispute. The occurence were witnessed by Dular Chand Rai, PW 6, Hira Lal Singh, PW 11 and Kabutari Devi, PW 8. It was further stated by her that all the three accused persons together murdered her husband.

(3.) The accused persons were arrested and put to trial. They denied their involvement in the crime. No specific defence was taken but from the trend of cross-examination the defence seems to be that the accused were innocent and they were falsely implicated. It was suggested that Rajpati Devi, PW 4, informed the Police on 1st June, 1985 that Inderdeo was caught while doing bad act in field at which place he was assaulted. The suggestion was denied by Rajpati Devi, PW 4. It was stated that she did not know about any such fact.