CHHATAR BALI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been preferred by the six accused persons of Sessions Trial no. 254 of 1986 / 10 of 1986 to challenge the propriety of the order of their conviction passed by the learned 3rd Additional Sessions Judge, Rohtas at Sasaram on the 13th day of June, 1986. All the appellants were found guilty of committing offence under Section 302 of the Indian Penal Code and each of them were directed to suffer rigorous imprisonment for life. All the appellants had been charged also under the same section under which they were found guilty.

(2.) The prosecution case, is contained in Exhibit-3, the fardbayan of P.W.6, Fateh Singh, who happened to be the father of the deceased, Basawan Singh. It was stated by him that he along with his son, Basawan Singh, set out from his house after taking their meals for their fields, situated in Chhataka Badhar. They came there and sat under the peepal tree just near their field. They started burning straw so as to get warmed up. All the appellants are said to have arrived there at about 4.00 A.M. Appellant Chhatar Bali Singh was armed with gun whereas the other appellants were having lathis in their respective hands. Appellant Hirdya Singh ordered to kill Basawan and to spare the old man, that is, the informant. Upon which all the appellants caught hold of the deceased, Basawan Singh, and put him on the ground. Appellant Chhatar Bali Singh is alleged to have put the barrel of his gun into the mouth of Basawan Singh and to have pulled the trigger so as to killing him. It was stated that the appellants remained their till the deceased finally died and came back to the village.

(3.) The informant stated that after the appellants had departed from the scene of occurrence after killing his son, it was almost dawn and he also came to his house and stated about the occurrence to Shri Krishna Singh (P.W.3), Raghunath Singh (P.W.2), Ayodhya Singh (P.W.1) and others who went to the scene of occurrence and brought the dead body on a cot.