HARE RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present set of three appeals have been filed by the appellants, described above, to question the correctness of the finding of their guilt recorded by the learned Additional Sessions Judge, 4th Court, Begusarai, in Sessions Trial No. 23 of 2002 on 3.2.2004 as also the propriety of the sentences passed against each of them by the order of sentence dated 5.2.2004.

(2.) Appellants Hare Ram Singh and Harish Chandra Singh were charged together under Sections 302, 302/149, 323 of the Indian Penal Code and Section 27 of the Arms Act and they were held guilty of committing the offences under Sections 302 and 323 of the Penal Code and 27 of the Arms Act and were directed to suffer rigorous imprisonment for life, rigorous imprisonment for six months as also rigorous imprisonment for a year under the above noted respective Sections of the Penal Code and the Arms Act. Besides, the above noted two appellants were also directed to pay a fine of Rs. 5,000/- each under Section 302 of the Penal Code in addition to the sentence of rigorous imprisonment for life, else, to suffer rigorous imprisonment for six months each. As regards the other five appellants of Cr Appeal No. 119 of 2004, they had been charged under Sections 302/149 and 323 of the Indian Penal Code and Section 27 of the Arms Act and they were four d guilty under Sections 302/149 and 323 of the Penal Code and each of them was directed to suffer rigorous imprisonment for life and six months respectively for his individual conviction.

(3.) The prosecution case emanates from the fardbeyan (Ext. 10) of the informant P.W. 3, Rupesh Kumar Singh recorded on 30.6.2001 at village Aighu in which he stated that there was a dispute for some land between his neighbour Nandan Kumar Singh (P.W. 4) and appellant Harish Chandra Singh. The father of the informant, who happens to be the deceased of the present case, namely, Ramesh Chandra Prasad Singh, was striving for an amicable settlement of the land dispute between the parties. For the above purpose, the deceased along with P.W. 4 Nandan Kumar Singh set out for Begusarai on 30.6.2001 at 12.30 P.M. They had a cycle with them, but were moving on foot. P.W. 3, the informant and Ram Prakash Singh (P.W. 8) were also going to Hemra Chowk and were moving behind the deceased and P.W. 4 who were about 500 yards ahead of P. Ws. 3 and 8.