PREMKUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants in this appeal, Prem Kumar Singh alias Prem Singh S/o. Mundrika Singh and Ramesh Singh S/o. Chandrika Singh, are Accused Nos. 1 and 2 in Sessions Trial No. 219 of 1983, Additional Sessions Judge, Palamau. They have filed this appeal against the affirmance of their conviction under Section 302 of Indian Penal Code, by the Patna High Court, Ranchi Bench, Ranchi, by Judgment dated 8-9-1989. The above two accused, along with one Mundrika Singh, accused No. 6, father of accused No. 1 Prem Singh and eight others were charge-sheeted to stand Sessions Trial for the murder of one Tarkeshwar Prasad Singh on 13-1-1983 at 6.30 p.m. at a place known as Ketat. Accused Nos. 1 and 2 were charged for offence under Section 302 read with Section 34, IPC for causing the murder of Tarkeshwar Prasad Singh. They were also charged for offence under Section 307/34 IPC for attempting to cause murder of Ghanshyam Languri and Rajnath Tewari, two co-passengers who boarded the bus along with Tarkeshwar Prasad Singh. The remaining nine accused persons were charged for offences under Section 302/149, IPC. Accused No. 6 Mundrika Singh was charged for offence under Section 147 IPC also, whereas the ten other accused persons were further charged for offence under Section 148, IPC read with Section 27 of the Arms Act. All the accused persons pleaded not guilty for each of the charges framed against them. The defence plea was that the death of Tarkeshwar Prasad Singh in the bus, belonging to Santosh Transport Company, might have been caused at the hands of some unknown dacoits and the accused persons have been falsely implicated by the informant because of long drawn enmity between the parties. The plea of alibi was also put forward by Accused No. 6 Mundrika Singh, Accused No. 1 Prem Singh, Accused No. 10 Raja Dixit and Accused No. 7 Muni Dixit. On an analysis of the entire evidence in the case, the Additional Sessions Judge, Palamau, by judgment dated 9-6-1987, held that on instigation given by Accused No. 6 Mundrika Singh to kill Tarkeshwar Prasad Singh, the deceased, Accused No. 1 Prem Singh and Accused No. 2 Ramesh Singh intentionally caused the death of Tarkeshwar Prasad Singh by firing at him with their rifles in consequence of which Tarkeshwar Prasad Singh died instantaneously on the spot. It was also found that in the same act. Accused Nos. 1 and 2 also caused rifle shot injury on PWs. 5 and 6 knowing fully well that in the circumstances, by their act of firing inside the bus, it was likely to cause the death of other passengers also and such act was an attempt to commit murder of PWs. 5 and 6. The Sessions Judge came to the conclusion that there is absolutely no evidence of any other attack by the remaining accused persons (other than Accused Nos. 1, 2 and 6). The offence under Section 27 of the Arms Act was also not proved against such persons. In the result Accused No. 6 Mundrika Singh was found guilty under Section 302 read with Section 34, IPC and convicted thereunder. Accused Nos. 1 and 2 were found guilty for offence under Section 302 IPC for causing the murder of Tarkeshwar Prasad Singh and they were convicted thereunder. They were also found guilty for offence under Section 307, IPC for attempting to commit the murder of PWs. 5 and 6 and were accordingly convicted. Except accused Nos. 1 and 2 and 6, the other accused were not found guilty for any of the charges framed against them and they were acquitted and discharged from the liability of their respective bail bonds. Accused Nos. 1 and 2 were sentenced to imprisonment for life under Section 302 IPC. Accused No. 6 was also sentenced to imprisonment for life under Section 302 read with Section 34, IPC. Accused Nos. 1 and 2 were further sentenced to undergo rigorous imprisonment for seven years for their conviction under Section 307, IPC. It was further held that both the sentences passed against the Accused Nos. 1 and 2 shall run concurrently. Accused Nos. 1, 2 and 6 filed Criminal Appeal No. 90 of 1987 before the High Court of Patna, Ranchi Bench, Ranchi. A Division Bench of the High Court, after a very detailed discussion of the entire evidence, by Judgment dated 8-9-1989, acquitted accused No. 6 Mundrika Singh and confirmed the conviction of Accused Nos. 1 and 2 under Section 302 of the Indian Penal Code. The conviction of Accused Nos. 1 and 2 under Section 307, IPC was set aside. The High Court observed that the case of Accused No. 6 Mundrika Singh is not free from doubt and the case against him appears to be similar to the other co-accused, who were acquitted by the Sessions Judge. In this view, the conviction of Accused No. 6 Mundrika Singh, appellant No. 3 before the High Court, was set aside and he was acquitted of the charge. But as regards Accused Nos. 1 and 2 the High Court came to the conclusion that though their conviction and sentence under Section 307 of the Indian Penal Code are liable to be set aside, their conviction and sentence under Section 302, IPC were justified. It is against the aforesaid Judgment of the High Court dated 8-9-1989 Accused Nos. 1 and 2 have filed the above Criminal Appeal before this court as per special leave granted in SLP (Crl.) No. 2059/89 dated 22-7-1991.

(2.) We heard Sri Rajender Singh, learned senior counsel for the appellants and Sri H. L. Agrawal, learned senior counsel for the respondent. Accused No. 6 Mundrika Singh and one Chandrika Singh are brothers. Accused No. 1 Prem Singh is the son of Mundrika Singh. Accused No. 2 Ramesh Singh is the son of Chandrika Singh. It is alleged that one Rajan, brother of Accused No. 1 Prem Singh, and Bishwanath, brother of Accused No. 2 Ramesh Singh, were murdered by Tarkeshwar Prasad Singh and others on 2-10-1982. The case was still pending when the incident relevant to the instant case happened on 13-1-1983 at about 6.30 p.m. at Ketat. It is fairly clear from the evidence in the case, that enmity exists between the members of the appellants family and those of the deceased family. The prosecution alleged that on 13-1-1983 after attending the hearing of the murder case of Rajan and Bishwanath at Daltonganj, Tarkeshwar Prasad Singh accompanied by Bashishth Narain Singh, PW 1, Ran Vijay Pratap Deo, PW 2 and Dudhnath Singh, PW 8, as also Sheo Pratap Singh and Ramadhar Pathak, boarded the bus bearing Registration No. BRO 3555 of Santosh Transport Company, for returning to Rehla at 5.30 p.m., and the bus stopped for a while at the stop of Ketat, when car bearing Registration No. WMB 5989 came from behind and stopped in front of the bus. The time was about 6.30 p.m. Then Accused Nos. 2 and 6 and their colleagues Satyender Singh, Munni Dixit and Raja Dixit got down from the car. Accused No. 6 was empty handed but the remaining persons were armed with rifles. In the mean while Jeep bearing Registration No. BRO 2770, which also arrived from the side of Daltonganj, stopped in front of the bus. From that Jeep, Accused No. 1, armed with a rifle, and his colleagues Rajeshwar Singh, Bishwanath Singh, Parsuram Dixit, Basistha Dixit, Fakira Dixit and Chandardhan Singh and two other unknown persons, all armed with guns alike, alighted. The accused and other co-culprits started proclaiming that as Tarkeshwar Prasad Singh was inside the bus, he should be cut into pieces. On hearing this, the passengers of the bus were struck with terror and started fleeing away. Passengers were in the process of getting down from front and rear entrances. At that time Accused Nos. 1 and 2 came inside the bus from the front entrance. PW 8 Dudhnath Singh, in order to hide his identity, had wrapped his face with the chadar and rushed towards the back door of the bus, when he saw Accused Nos. 1 and 2 firing indiscriminately at Tarkeshwar Prasad Singh. In that firing Ram Raj Pandey PW 5, a forest guard, and Ghanshyam Languri PW 6, a police official, also received injuries. PW 8 Dudhnath Singh had by that time managed to get down from the bus like many other passengers and he concealed himself nearby in thick bushes. On knowing that Tarkeshwar Prasad Singh had died, the accused and others raised victory slogans and fled towards Daltonganj in their car and jeep. On hearing the news, Sub Inspector Sachchidanand Deo, PW 14, entered the information as Entry No. 195 (Ex. 4) at 7.00 p.m. in Rehla Police Station and rushed to the place of occurrence, arriving there at 7.15 p.m. On seeing the Police PW 8 Dudhnath Singh came out of the hiding and made a statement (Ex. 5) which was sent to the Police Station, Bishrampur and on this basis the case was registered vide FIR (Ex. 7) at 9.00 p.m. PWs. 5 and 6 were transported to Daltonganj hospital. Though the search was made for the culprits they were not found. The Sub Inspector returned to the spot at about 1.30 a.m. and prepared the inquest report with respect to the dead body of Tarkeshwar Prasad Singh. He lifted three live gun cartridges, one of such empty cartridge and 4 empty rifle cartridges vide seizure memo Ex. 9. PW 1 Bashisth Narain Singh and Bipin Bihari Singh attested the documents prepared at the spot. The dead body of Tarkeshwar Prasad Singh was subjected to post-mortem examination by Dr. R.K.P. Pandey (PW 4). One Dr. K. Singh conducted medical examination of PWs. 5 and 6. Statements of driver, conductor and other witnesses were recorded. The accused surrendered in court and were arrested later and charge-sheeted. One of the accused Chandradhan Singh was subsequently murdered on 23-6-1983. Accused Nos. 1, 2 and 6 were sentenced and other accused were acquitted by Sessions Judge.

(3.) The post-mortem examination of Tarkeshwar Prasad Singh was conducted by PW4 on 14-1-1983 at 10.50 a.m. at Sub-divisional Hospital, Daltonganj. The record relating thereto discloses the following injuries :-