JAMUNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) BOTH these appeals are connected ones arising out of the same case and therefore both these appeals have been heard together and are being disposed of by this common judgment.

(3.) THE prosecution case briefly stated is that on 19 -9 -1986, a Ramlila was going on in front of the house of accused Jamuna Singh and the male and female members of the village were witnessing the same. There was separate arrangement for sitting of male and female. Amidst the Ramlila, accused Jamuna Singh Haran Singh. Anil Singh. Biran Singh. Birendra Singh and Ravindra Singh entered into the sitting place of the female members and objections were raised by the male members as to why they have gone towards the female members and it was protested by Ramashish Rat and there was verbal altercation between Rama shish Rai and the accused persons on this Jamuna Singh took out his pistol and commanded to 1911 the protesters. On which the accused -persons aforesaid came there armed with gun and opened fire from their respective guns as a result of which Upendra Rai. Hardwar Rai and Ramashish Rai sustained gun -shot injuries. It is the specific case of the prosecution that accused Haran Singh shot fire upon Upendra Rai accused Anil Ram shot fire at Hardwar Rat and Biran Singh shot fire at Ramashish Rat. Injured persons thereafter were taken to hospital and in the way to Hospital, injured Upendra Rai, succumbed to his injuries, since the condition of Hardwar Rai was deteriorating at Tekari Hospital, he was shifted to Gaya Medical College and Hospital from Where he was taken to Ranchi and he was admitted in Sewa Sadan Hospital. Ranchi where Hardwar Rai succumbed to the injuries on 24 -9 -1986. Injured Rama -shish Rat was taken to Tekari Hospital and ultimately to Delhi Hospital where he survived.