RAMNAGINA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four appellants were put on trial in Sessions Trial No.233/3 of 1987 by the learned 8th Additional Sessions Judge, Sasaram by framing charges under Sections 302/34 and 323/34 of the Penal Code and by judgement delivered on the 18th day of August, 1988, were found guilty of committing both the offences. Each of the appellants was directed to suffer rigorous imprisonment for life and also for one year for his respective conviction under the above two counts. The learned trial Judge directed the sentences to run concurrently. The above judgement is being questioned before us by the four appellants by preferring the present appeal.

(2.) The facts of the case may be noticed. The informant Kailash Singh (P.W.6) who happened to be the brother of the deceased Nanhak Singh, stated that when he was cutting Barseem grass for his catties, he saw his brother Nanhak Singh coming with the buffalo. When the deceased had reached near the house of appellant Ramnagina Singh, all appellants armed with lathi and hurling abuses at the deceased came and started assaulting Nanhak Singh. Seeing the above incident of assault, P.W.6 and his father Girija Singh @ Yadav (P.W.1) rushed towards the scene of occurrence. The accused persons also assaulted the informant. The informant found that his brother was lying injured there with injuries on his head. He raised hullah which attracted Budhan Singh (P.W.4) Naujagir Yadav(not examined) and Ram Janam Yadav (P.W.3) and others who came and saw the occurrence. It was alleged that on account of the arrival of the witnesses and others, the accused persons ran way from the place of occurrence. As regards the motive for commission of the offence, it was alleged that it was due to previous land dispute between the two sides.

(3.) It may appear from the evidence of P.W.8 A.S.I., Ganga Prasad that on the basis of the fardbeyan (Ext-3) of P.W.6, the FIR of the case Ext-7 was drawn up by the officer-in-charge of Durgawati police station and investigation was handed over to P.W.8. He recorded the further statement of P.W.6 and found deceased Nanhak Singh in a state of unconsciousness and, as such, could not record his evidence. He recorded the statements of appellant Lalji Singh and Shyamji Singh in the hospital. It may further appear from his evidence in paragraph-11 that the two appellants were arrested by him in the hospital itself where they were found admitted for the treatment of their injuries. Thereafter, he went to the place of occurrence, inspected it and found it situated south of the cattle-shed of appellant Ramnagina Singh in the form of a village path way which was surrounded by some fields, Khalihan and the cattle-shed of the appellants. P.W.8 recorded the statements of other witnesses and on close of the investigation, sent up the appellants for trial.