BUDHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have preferred this appeal being aggrieved by and dissatisfied with the judgment and order of the High Court of Patna dated 24-2-1988 affirming the judgment of conviction and sentence dated 29th November, 1986 passed by the Additional District and Sessions Judge, IV, Patna in Sessions Trial No. 401 of 1981.

(2.) The basic fact of the matter is not in dispute.

(3.) A First Information Report was lodged by one Md. Saudagar on 14-1-1979 at about 9 p.m. in regard to an incident which is said to have taken place at about 7 p.m. on the same day, alleging that when he along with his co-villagers Syeduddin Nut (PW-2), Alauddin Nut (PW-3), Deo Nath Paswan (PW-9) and Lakhan Paswan (since deceased) were returning from Rajghat Mela, the accused Devi Dayal Singh, Mathura Singh, Sarjug Singh and Chuta Singh met them at the Alang in Adpakhanda whereupon Syeduddin asked the accused as regard their identity to which one of them replied that he was his father. Altercations and abuses thereafter followed. Devi Dayal Singh and Sarjug Singh were said to be having countrymade pistols with them. Chuta Singh, subsequently named as Chandrika Singh, allegedly had a rifle with him and Mathura Singh had a double barrel gun. They threatened to shoot the informant and his companions whereafter they ran towards their village Neora raising alarm Chor-Chor. On hearing such alarm, Mister Mian (deceased), brother of the informant and several other villagers rushed whereupon Devi Dayal Singh allegedly ordered to fire shots pursuant whereto four persons were said to have fired shots which hit the deceased Mister Mian. He fell on the agricultural field belonging to one Jalandhar Singh.