RAM CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appeals arise out of the judgment passed by the learned Additional Sessions Judge, 4th Curt, Gaya, on 19.11.2003 in Sessions Trial No. 246 of 2001/96 of 2002 by which the nine appellants of the two appeals were found guilty and convicted of the charges under Sections 148, 302/149 of the Penal Code. The solitary appellant of Cr. Appeal No. 57 of 2004, namely, Nagenra Singh alias Wakeel Singh was convicted also under Section 302 of the Penal Code and Section 27 of the Arms Act. By the order of sentence dated 20.11.2003, all the appellants, were directed to suffer rigorous imprisonment for two years under Section 148 of the Indian Penal Code and rigorous imprisonment for life under Section 302/149 of the Penal code as also to pay a fine of Rs. 4,000/- . In default of payment of the fine, each of them was directed to suffer a further period.of rigorous imprisonment for two years. Appellant Nagendra Singh alias Wakeel Singh was not sentenced under Sections 302/149 of the Penal Code as he was directed to suffer rigorous imprisonment for life under Section 302 of the Indian Penal Code and was also directed to pay a fine of Rs. 5,000/-, else, to suffer rigorous imprisonment for further term of three years. For his conviction under Section 27 of the Arms Act, appellant Nagendra Singh alias Wakeel Singh had to suffer rigorous imprisonment for three years and also to pay a fine of Rs. 2,000/-else, to suffer rigorous imprisonment for six months more. The nine appellants have challenged the vires of the above findings and sentences.

(2.) The case is based on Ext.3, the fardbeyan of P.W. 4 Gopal Singh who happened to be the full brother of the deceased Janardan Singh. It was alleged that the two brothers, P.W. 4 and the deceased, had gone to attend to the call of nature towards the field described as Dularbadh. When Janardan Singh was returning home all the accused persons named in the F.I.R., the appellants herein, surrounded the deceased and stated hurling abuses upon him. The appellants were armed with lathi at that time. It was alleged that at orders of appellant Jamuna Singh, appellant Nagendra Singh alias Wakeel Singh fired a shot from his country made gun in the back of the deceased who fell down and died there instantaneously. It was alleged that the appellants attempted to take away the dead body but P.W. 4 raised a hulla which attracted Dharmendra Singh (not examined) and others as a result of which the accused persons ran away towards east. The informant brought the deceased to his Baithaka and after some time the police came and recorded Ext. 3.

(3.) As regards the motive for committing the offence, the informant alleged that one Sonpati Devi had gifted certain properties of her share and there had been a litigation for the same property and a Title Suit was also filed which was decreed in favour of the prosecution party. The whole area gifted by the said Sonpati Devi was 17.19 acres and the accused persons were demanding their share in the said properties and, as such, they had committed the offence.