KAPILDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal under S. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is directed against the judgment and order of the High Court of Patna dated 27th March 1985 in Government Appeal No. 28 of 1979, convicting and sentencing the appellants, Shatrugan Singh (A1, Kapildeo Singh (A2, Rampriya Yadav (A4, Brij Bihari Singh (A5, Ram Ekbal Singh (A6) and Suresh singh (A7, (Awadesh Singh (A3) died after the judgment of the High Court) for offences under Ss.302, 302/149, 148, 324 and 326, I.P.C., by reversing an order of acquittal recorded by the Additional Sessions Judge VI, Patna dated 28th April, 1979.

(2.) While A1 and A2 are brothers, A3 is the son of A2, A4 is a ploughman of A1, A5 is the son-in-law of A2, A6 is the brother-in-law of A3 and A7 is the son of A6.

(3.) The prosecution case in brief is that the deceased Shyamdeo Singh was on inimical terms with A1 and A2 and litigation was going on between the two parties. On the night intervening 12/13 October, 1977, at about mid-night at village Walia Gaura, the appellants along with Awadesh Singh A3, variously armed went to the house of the deceased and knocked at the door of the room in which he was sleeping. Rajmani Devi PW 13, the daughter of the deceased along with her ailing child was also sleeping in the same room. On hearing the knocking, she opened the door and found A1, A3 and A5 armed with pistols, A2 armed with a gun, A4 and A7 armed with a grasa each and A6 armed with a dagger present there. As soon as she opened the door Kapildeo Singh A2 fired from his gun at her causing an injury to her person. Rampriya Yadav A4 hurled a grasa blow as a result of which two of her fingers of the left hand were chopped off. Ram Ekbal Singh A6, thereupon, told his companions to spare her and to kill her father, Shyamdeo Singh, for which purpose they had come there. Rajmani Devi PW 13 was pushed aside by the accused who entered the room. When her father moved towards her, A1 Shatrugan Singh opened fire at him with his pistol aiming it at his chest. Shyamdeo Singh on receipt of the pistol shot fell down in the room and died. Ram Ekbal Singh A6 hurled a dagger blow on the deceased. After committing the crime, the accused party opened the entrance door and fled away. While they were retreating, some villagers who were coming towards the house of the deceased on hearing the noise were also attacked and in the process a gun shot injury was caused to Basant Sao PW 11. The villagers, thereafter, made arrangements for a cot to carry Rajmani Devi PW 13 to the Police Station and while going to the Police Station, they stopped at the house of the local Mukhiya, Ram Nandan Singh PW 8 who also accompanied her to the Police Station, Naubatpur. Basant Sao PW 11 was also brought to Naubatpur Police Station on a cot by his relations and villagers. On the basis of the statement of Rajmani Devi PW 13, FIR Ex. 7 was drawn up at the Police Station, Naubatpur and a case was registered in the early hours of the morning of 13-10-1977. Investigation was immediately taken up by Parmeshwar Parshad Singh PW 15 and both the injured Rajmani Devi PW 13 and Basant Sao PW 11 were sent for treatment to Naubatpur Hospital where their injuries were examined by Dr. Ramesh Kumar Rai PW 14. Considering the serious nature of the injuries of Basant Sao PW 11, he was referred to Patna Medical College Hospital. The investigating officer, Parmeshwar Prasad Singh PW 15 visited the place of occurrence and prepared the inquest report of the dead body of Shyamdeo Singh and sent the body for post-mortem examination. During the investigation, the investigating officer PW 15 seized blood stained earth from the place of occurrence. An empty cartridge was produced before the investigating officer by one Ram Rekha Singh. After Basant Sao PW 11 reached PMCH for treatment, information was sent by the doctor to the local police of Pirbahore Police Station. ASI Ram Lakhan Jha of Pirbahore Police Station went to the hospital and recorded the statement of Basant Sao PW 11, Ex. 12 on 14-10-1977 at about 8 p.m., after Basant Sao PW 11 had regained consciousness. He sent the same to the officer-in-charge of Naubatpur Police Station.