RAM SANJIWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) - Criminal Appeal No.

(2.) In Sessions Trial No. 195 of 1974 in the Court of 2nd Additional Sessions Judge, Jamshedpur, 13 accused including the present four accused were tried under Section 302 IPC, Section 302 read with Section 149 IPC, Section 302 read with Section 109 IPC, Section 150 read with Section 302 IPC, Section 302 read with Section 120-B and Section 148 IPC and Sections 25(a) and 27 of the Arms Act. The prosecution case against these 13 accused including the present four accused ran as under :

(3.) The prosecution case in its inception rested on the 'Fardbeyan', Exh.2 given by one one Sunil Singh, P.W. 5 and which was recorded on 24th May 1972 at 7.00 p.m.. The prosecution case was that deceased Ramchandra Singh was the Supervisor in the cooperative store, Sakchi. On 24th May 1972 at 6.15 p.m. he was getting himself shaved by a barber in the western portion of the verandah of that co-operative store sitting on a tin chair facing towards the eas. the informant Sunil Singh P.W. 5, one Rameshwar Prasad P. W. 1, Gazraj Singh P. W. 3 and Shankar Singh P. W. 4 were standing in the same verandah in its eastern portion. The coolies and the salesman of the co-operative store were also there.