MOTILAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) There were two rival versions of one incident which happened at about 8 p.m. on 27.10.1981. One Sulakhan Singh and eight others were shot with gun. Sulakhan Singh died later at the hospital. Ten persons were arraigned as accused. The trial court acquitted A-4-Shyamjit Singh and convicted A-1-Sheoji Singh under Section 302, Penal Code and A-3-Ramji Singh under Section 302 read with Section 149, Penal Code and sentenced them to life imprisonment. A-2-Rajballam Singh, A-8-Motilal Singh and A-10-Ramchandra Singh were convicted only under Section 148 and were sentenced to suffer R.I. for 2 years while A-5-Jatan Singh, A-6-Bharath Singh, A-7-Hare Kishan Singh and A-9-Dhuplal Singh were convicted under Section 147, Penal Code and they were sentenced to R.I. for one year.

(2.) All the convicted persons filed appeals before the High Court and their appeals were dismissed. When the appeals were pending in the High Court, A-10-Ramchandra Singh died. The remaining convicted persons preferred these appeals by special leave. When the appeals were pending, A-3-Ramji Singh died. The resultant position is that there are only seven accused now.

(3.) The occurrence according to the prosecution is the following: There was a dispute regarding the land on which a hut was erected. On the morning of occurrence, all the accused proceeded towards the hut. P.W. 10 (Daroga Singh) was then inside the hut. When the accused started demolishing the hut, P.W. 10 (Daroga Singh) objected. Then A-1-Sheoji Singh fired at him. The cartridges were replenished by A-3-Ramji Singh and thereafter A-1-Sheoji Singh continued to fire indiscriminately during which eight persons sustained firearm injuries. One of them (Sulakhan Singh) died two days later.