ANIL SINGH AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these appeals have been filed by the appellants against their conviction in Sessions Trial No. 648 of 1989 vide Judgement and Order dated 31.07.2004, passed by Additional Sessions Judge, Fast Track Court No. V, Patna. Appellant, Anil Singh, has been convicted for the offence under Section 302 read with Sections 148, 149 and 323 IPC and also under Section 27 of the Arms Act. He has been sentenced to undergo the rigorous imprisonment for life with fine of Rs. 2000/- (two thousand) and in default thereof to undergo Rl for three months, for the offence under Section 302/ 149. He is further sentenced to undergo rigorous imprisonment of three years for the offence committed under section 27 of the Arms Act. The other appellants, namely, Subhash Singh, Ramesh Singh @ Ramashish Singh, Abinash Singh @ Tuntun Singh, Raj Kumar Singh @ Munna Singh, and Paras Singh have been convicted under Section 302 / 149 IPC and sentenced to undergo rigorous imprisonment for life with fine and in default Rl for three months. The appellants, Sanjay Kumar Singh @ Chhotan Singh and Ramesh Singh @ Ramashish Singh have further been convicted under Section 147 IPC and 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years for the offence under Section 148 IPC.

(2.) All appellants have faced trial in connection with Dhanaura P. S. Case No. 112 of 1987, registered for the offence, punishable under Sections 302, 147, 148, 149, 307, 324, 323 IPC. The FIR was instituted on the basis of Fardbeyan of Ramnaresh Singh, P.W. 4, brother of the deceased (Shiv Shankar Singh) at Masaurhi Police Station on 01.10.1987 at 09.00 a.m.

(3.) The prosecution case, as disclosed in the Fardbeyan of Ramnaresh Singh is that Ganga Singh @ Shiv Prasad Singh by cutting the western ridge of his filed on 30.09.1987 had amalgamated the land of the informant with his land. This was done by the accused Ganga Singh @ Shiv Prasad Singh behind the back of the informant. On 01.10.1987 at 05.30 in the morning, he informed Radhey Singh, Ram Ekwal Singh, Shri Bhagwan Singh, Ragho Singh and his father Ram Bishun Singh about this incident and he along with them went to the field to inspect it. The informant, thereafter, along with his father Ram Bishun Singh came at the Darwaja of Ram Lakhan Mahto and was discussing the cutting of ridge. The discussion was over-heard by Randhir Singh @ Pappu Singh. He left the place and went to call his elder brother Anil Singh. Immediately, thereafter, Randhir Singh @ Pappu Singh and Anil Singh came with Lathi and assaulted the informant and his father. Both of them received injury on their head and chest. The informant and his father out of fear went towards their Darwaja. The accused Ganga Singh @ Shiv Prasad Singh, Anil Singh, Sanjay Singh @ Chhotan, Randhir Singh @ Pappu Singh, Raj Kumar Singh @ Munna Singh, Abinash Singh @ Tuntun Singh, Ramesh Singh and Paras Singh thereafter came variously armed with gun and pistol at the Darwaja of the informant. Ganga Singh @ Shiv Prasad Singh ordered to kill and Anil Singh took the gun from the hand of Rajkumar Singh @ Munna Singh and fired, causing injuries to the younger brother of the informant, Shiv Shankar Singh. The FIR disclosed that the incident was witnessed by several neighbours and villagers.