HARENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal, preferred on behalf of sole appellant, is against the judgment of conviction and order of sentence dated 23rd December, 1988 passed in Sessions Trial No. 159 of 1986 whereby the appellant was found guilty under Sections 302 and 324 of the Indian Penal Code by the learned 9th Additional Sessions Judge, Bhojpur at Arrah and he was sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and one year rigorous imprisonment under Section 324 of the Indian Penal Code. The sentences have been ordered to run concurrently in view of the provisions laid down under Section 428 of the Criminal Procedure Code.

(2.) The prosecution case resulted on the basis of fard-beyan (Ext. 2) of Sharda Singh (PW 4) which was recorded at 9.45 a.m. on 20th July, 1985 at Sadar Hospital, Arrah by Sub-Inspector, Basudev Prasad Singh (not examined) in which Sharda Singh in injured condition stated that on the preceding date at about 4 p.m., at the door of Chowkidar Sitaram Singh (not examined) there was altercation between the informant's brother Krishna Singh (deceased of the present case) and Harendra Singh (appellant). After that altercation the informant's brother went towards the field to play football. At that time, the informant had also gone there along with his cattles and his catties were grazing south of the football field. After the football game was over, the informant's brother Krishna Singh (deceased) sat in the field. At about 6 p.m. he was sitting there, in the meanwhile the appellant having dagger, Siya Saran Singh (since acquitted) having farsa and Mahendra Singh (since acquitted) having lathi also came. All the three accused chased the informant's brother who tried to escape but Siya Saran Singh gave a farsa blow which struck on the temporal region of the informant's brother Krishna Singh. Thereafter, Harendra Singh, the appellant, has put obstruction by his leg as a result of which he fell down and the appellant allegedly struck a dagger blow upon the chest of Krishna Singh which caused death of Krishna Singh who was earlier assaulted by Mahendra Singh (since acquitted). The informant left his catties and rushed towards his brother. This appellant and his father ordered to kill the informant, thereafter, the appellant tried to kill the informant by means of dagger. The informant received injury on the left wrist and he escaped. The occurrence was witnessed by Hirday Singh (not examined) because at that time he was also there along with his catties. The occurrence was also witnessed by Shiv Narayan Singh (not examined). Fardbeyan of PW 4 resulted into registration of Barhara P.S. Case No. 122 dated 20th July, 1985 under Sections 324, 302/34 of the Indian Penal Code and the case was investigated into. After investigation the charge-sheet was submitted. Sub-sequently the case was committed to the Court of Sessions where charges were explained to this appellant under Sections 302, 324 of the Indian Penal Code. Against Mahendra Singh charge was framed under Sections 302/34 of the Indian Penal Code whereas against Siya Saran Singh charge was framed under Sections 302/34/324 and 109 of the Indian Penal Code.

(3.) The appellant and other charged accused persons claimed their innocence, so the trial proceeded. In course of trial, the prosecution has examined 5 witnesses, namely, Shambhu Nath Singh (PW 1), Bir Singh (PW 2), Uday Singh (PW 3), Sharda Singh the informant (PW 4) and Surendra Singh (PW 5).