AJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred by the sole appellant, above-named, against the judgment of conviction dated 18.02.2003 and order of sentence dated 19.02.2003 passed by Sri Govind Chandrayan, learned Additional Sessions Judge IIIrd, Khagaria, in Sessions Case No. 476 of 1989, arising out of Parbatta P.S. Case No. 139 of 1988 whereby and whereunder the sole appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and also directed to pay a fine of Rs. 5,000/- and in default of making payment of fine the convict was sentenced to undergo rigorous imprisonment for two years. The period already undergone by the convict in detention during trial was directed to be set off to the quantum of the sentence.

(2.) The prosecution case starts with the fardbeyan of Ram Sagar Singh recorded on 16.10.1988 at 12.00 P.M. at the door of the informant at village-Nayagaon, P.S. Parbatta, District-Khagaria recorded by S.I., Sri A.H. Khan, the Officer-in-charge of Parbatta Police Station to the effect that at 9.00 A.M. on 16.10.1988 when the informant was sitting with his deceased-brother, Ram Singh, at his door then from the southern side Ajay Singh (appellant)and Sanjay Singh armed with pistol, Bambam Singh armed with Lathi, Amarnath Singh armed with Farsa and from the western side Brahmadeo Singh, Ram Udagar Singh armed with Lathi, Ram Balak Singh armed with Bhala, Vijay Singh, Bulo Singh armed with pistol and Atardeo Singh armed with Farsa came and surrounded the informant and his brother. Vijay Singh ordered Ajay Singh (appellant) to fire from his pistol which hit on the right side of the mouth of Ram Singh as a result of which Ram Singh fell down and when the informant tried to save his brother Ram Singh then Atardo Singh assaulted him with Farsa as a result of which after receiving injury, he fell down on the ground. Thereafter, Ram Udagar Singh and Bambam Singh assaulted with Lathi on the right leg of the informant, Bullo Singh assaulted him with the butt of pistol which hit at the right elbow of the informant. Thereafter, the informant raised alarm upon which the informant's sons, namely, Arvind Singh (P.W.3) and Diwakar Singh (not examined), sons of the deceased, namely, Niranjan Singh (P.W.2) and Chitranjan Singh (not examined) and the co-villager Shambhu Prasad Singh (P.W.5) came and saw the occurrence.

(3.) On the basis of the aforesaid fardbeyan, Parbatta P.S. case No. 139 of 1988 was registered on 16.10.1988 under Sections 147, 148, 149, 342, 323, 307 and 302 of the Indian Penal Code as well as Section 27 of the Arms Act.