RANJIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Out of the eight appellants, as per affidavit filed today on behalf of the appellants, appellant no.4, Bhuneshwar Singh, died during the pendency of the present appeal on 12th December, 2006, as such his appeal abets.

(2.) The appellants were put on trial while being jointly charged under Section 302/149 of the Indian Penal Code. Appellant Ranjit Singh was separately charged under Section 302/109 of the Penal Code and Section 27 of the Arms Act. Likewise, appellant Ram Kishun Singh was charged distinctly under Sections 148 and 302 of the Penal Code.

(3.) The case relates to an occurrence dated 14th April, 1980 which took place at village Juhawanpur Barari. It was alleged that the accused persons, armed variously with rifles, guns etc. came to the house of the deceased at about 9.00 A.M. They assembled at a particular place which was a bit lower in level than the Sahan or the Dalan of the informant. It was alleged that appellant Ranjit Singh ordered upon which appellant Ram Kishun Singh fired a shot from his country made gun on Nemdhari Rai, who was the son of the informant, which hit him on his left chest and as such he fell down dead there. The occurrence was witnessed by some of the villagers who were named in the first information report and it was stated that even though they did not protest to the high handedness of the accused persons out of fear.