RAMGATI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 25.8.87 passed by the 2nd Addl. Sessions Judge, Patna in Sessions Trial No. 327 of 1983 convicting and sentencing all the three appellants to undergo imprisonment for life under section 302/34 of the Indian Penal Code (in short, I.P.C.) and to undergo R.l. for three years each under section 27 of Arms Act. Both the sentences have been ordered to run concurrently -

(2.) THE case of prosecution, in short, as disclosed from the fardbeyan (Ext. 3) of informant Lal Bihari Mistri (PW 3) is that on 3.5.82 his villager Jamun Musshar had engaged his men for working in a brick -kiln of one Sampat Singh of his own village. At that time one Naresh Singh armed with a gun came there and got the work stopped saying that labourers of the village had stopped working for the 'kurmis ' and, therefore, the labourers would not be allowed to work for Sampat Singh. There was a firing from both the sides but nobody was injured. On the next day, i.e., on 4.5.82 appellant Mahesh Singh and Ramgati Singh from the roof of the house of Jai Mangal Singh and appellant Mahendra Singh and co -accused Krishna Singh from the roof of house of appellant Mahendra Singh started firing from their guns and when Ganesh, son of informant, after opening the door of his house came out for urinating when one gunshot hit him on his chest as a result of which he fell down and died. At that time the informant was returning to his house from flour mill and had reached near the house of one Diwanjee from where he saw the occurrence. When he came to his house he saw his son Ganesh had already died. On the basis of fardbeyan (Ext. 3) a formal F.I.R. (Ext. 4) against all the three appellants, co -accused Krishna Singh and some unknown persons was lodged under sections 147, 148, 149 and 302 I.P.C. and 27 of Arms Act. After investigation charge sheet under the aforesaid sections was submitted and the case after taking cognizance was committed to the court of Sessions where the charges under sections 302/149 of I.P.C. and 27 of Arms Act were framed against the appellants and co -accused Krishna Singh. The case of defence as it appears from the trend of cross -examination of prosecution witnesses is that the deceased was shot at by some naxalites and appellants have been falsely implicated in this case. After trial all the three appellants were found guilty and were convicted and sentenced as indicated above. Co -accused Krishna Singh was not found guilty and he was acquitted.

(3.) DR . Jawahar Lal (PW 4) in his evidence has stated that on 5.5.82 he held post mortem examination on the dead body of the deceased and found one circular lacerated wound of 1/2" diameter with charred and inverted margin into thoracic cavity deep on the front of right side of chest just below the clavicle and surrounding skin was not tatooed and one circular lacerated wound of 11/4 diameter with irregular margin on right side of back just below the scapula and surrounding skin was not tatooed into thoracic cavity deep. According to him one injury was wound of entry and another injury was wound of exit and both the injuries were caused by fire arm and injuries were sufficient to cause death in ordinary course. His evidence shows that son of informant died of fire arm injuries. The defence has also not challenged that the death of son of informant was result of firing from fire arm because it is the own case of defence that son of informant was killed in firing by some naxalites.