SHIVJEE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have a common matrix in judgment of the Division Bench of the Patna High Court. Two appeals were disposed of by the common judgment. In Criminal Appeal No. 408 of 1998 there were six appellants whereas in Criminal Appeal No. 458 of 1998 there was one appellant. In the two appeals before this Court there are five appellants in the Criminal Appeal No. 494/2004, and there are two appellants in Criminal Appeal No. 484/2006. All the five appellants in Criminal Appeal No. 1494 of 2004 were found guilty of offence punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short 'IPC') and Section 147. Similar was the conviction recorded in case of Satya Narain Singh, one of the appellants in Criminal Appeal No. 484 of 2006. Ambika Singh the other appellant in Criminal Appeal No. 484 of 2006 was convicted for offence punishable under Sections 302 and 148, IPC and Section 27 of the Arms Act, 1959 (in short 'Arms Act'). Appellants in Criminal Appeal No. 1494 of 2004 were sentenced to life imprisonment and two years respectively. Similar was the case of Satya Narain Singh-appellant in Criminal Appeal No. 484 of 2006. Ambika Singh- appellant in criminal appeal No. 484 of 2006 was sentenced to undergo life imprisonment, three years, and five years for the three offences noted above.

(2.) Background facts giving rise to the trial are as follows : At sunset time on the day of Holi (the date being 9.3.1993) Bhagwan Singh (P.W. 1) was sitting at his Dalan. Satya Narain Singh came there in an inebriated state and started quarrelling with him and abusing him. Bhagwan Singh asked him to stop the abuses and to go away. On this Satya Narain Singh called his family members. Ambika Singh, one of his three sons came armed with his gun; others carried sticks, stones and brick pieces in their hands. On hearing the exchange of hot words a number of villagers came there. Some of them were singing Holi songs at the nearby Devi Asthan and on hearing the noise they came to the Dalan of Bhagwan Singh. Others who were neighbours also came. The villagers coming there asked Satya Narain Singh to stop the quarrel and scolded him. Satya Narain Singh then took his relatives to his roof-top and from there they started throwing stones and pieces of bricks at the tiled roof of the house of Bhagwan Singh. Satya Narain Singh urged his son Ambika Singh to open fire from his gun. So, ordered by his father, Ambika Singh fired a shot that hit Meghnath Singh (hereinafter referred to as the 'deceased') on his back and as a result he fell down and died. Ambika Singh fired seven to eight shots that caused injuries to Ram Pran Singh (PW 3), Sri Ram Singh (PW 10) and Umesh Singh (PW 6). One of the stones thrown by Satya Narain Singh hit Suraj Singh (PW 5) and caused injury to him. After the occurrence the injured were carried on a tractor to Ara town where they were admitted to the Sadar Hospital and were treated there for about a week. Sitaram Singh (PW 15) who at that time was the officer-in-charge of Ayar P.S. was going round the villages under his P.S. for maintaining peace and order on the day of Holi. At village Bargaon he came to learn that gun shots were fired at Medhapur village. From there he proceeded to Medhapur along with an armed police party and reached there at about 10.30 in the night. There he recorded the statement of Babulal Singh (PW 12), the brother of the deceased in presence of a witness Baleshwar Singh (PW 2). The statement was recorded as Fard-e-bayan (Ext. 1) on the basis of which a formal F.I.R. (Ext. 7) was later drawn up on 10.3.1993 at 00.30 hrs. giving rise to Jagdishpur (Ayar) PS Case No. 27 of 1993. After recording the Fard-d-bayan he took up investigation of the case, recorded the statements of other witnesses who were available there, examined the place of occurrence and prepared the inquest report (Ext. 2) of the deceased-Meghnath Singh. On completion of investigation he submitted charge-sheet against the appellants. They were put up on trial and at the end were convicted and sentenced as indicated above. It may be mentioned here that in regard to the same occurrence a case was instituted from the side of the appellants as well. That was registered as Jagdishpur (Ayar) PS Case No. 28 of 1993 under Sections 147, 148, 149, 323, 447, 337 and 325 of the Indian Penal Code and Sections 27 of the Arms Act. In that case some of the witnesses examined by the prosecution in the present case, along with some others were named as accused. That case is said to be pending trial before a Magistrate.

(3.) 17 witnesses were examined by the prosecution to establish the prosecution version. PWs 1 to 6 and 9 to 12 were stated to be eye-witnesses. PWs 3, 5, 6 and 10 were injured witnesses. The trial Court placed reliance on their evidence and found accused-appellants guilty as noted above.