TARKESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four appellants, namely, Tarkeshwar Singh Bahadur Ram Kahar alias Bahadur Kahar, Bikarma Dusadh and Nagina Koiri were put on trial by framing charges under Sections 302/149 and 201 of the Penal Code with deceased appellants, namely, Shesh Badan Singh, Kameshwar Singh and Rameshwar Singh whose appeals abated as per order dated 6.7.2010 on account of their death. The trial was held vide Sessions Trial No.192/ 177 of 1977/1983 by the learned 8th Additional Sessions Judge, Sasaram who delivered the judgement in the case on 24.5.1988 and found the seven accused persons on trial guilty of committing the two offences and accordingly, directed each of them to suffer rigorous imprisonment for life under Section 302/149 IPC and further period of rigorous imprisonment for three years under Section 201 IPC. The four appellants along with the deceased appellants preferred the present appeal to assail the finding of guilt and sentences passed upon them.

(2.) The prosecution narration is in the form of the FIR, Ext-3, lodged by P.W.11 Surajbansi Kuer, the step mother of deceased Gupteshwar Singh on 16.10.1973 at about 4 A.M. at Kudra police station, then within the district of Rohtas at Sasaram. It was alleged that the deceased Gupteshwar Singh started from his house with P.W.6 Shambhu Singh with meals for his herds-boy at about 11 P.M. The herds body was in the pump house of the informant situated west of Pusauli railway station. The informant found that the deceased Gupteshwar Singh had missed taking his torch light with him. Because the pump house was located quite away from her house into the fields, as such she along with Muneshwar Singh(P.W.14), brother of the deceased, started with the torch Sight for handing the same over to the deceased Gupteshwar Singh, It was alleged by the informant that when she had reached into the lane situated east of the cattle shed of' one Chhabi Koiri she found that P.W.6 Shambhu Singh was coming running from south and he stated to her (P.W.11) that the seven accused persons named in the FIR including the four appellants had caught the deceased and after having put him down on the ground near south-eastern corner of the cattle shed of Chhabi Koiri, were pressing his neck at the place which was a shallow land. The informant stated that it was striking about 8.30 P.M. then, and further, that she heard the 'Aah-Aah'(moaning sound) of the deceased Gupteshwar Singh.

(3.) The informant stated further that she along with P.W.14 Muneshwar Singh and P.W.6 Shambhu Singh proceeded a bit towards south and on flashing the torch light saw the seven accused persons including the four appellants catching hold of the deceased. The informant stated that the deceased appellant Shesh Badan Singh was armed with a gun and the remaining accused persons were having lathis. She raised a hullah that they were killing her son on which the deceased accused Shesh Badan Singh remonstrated the other accused persons to kill the informant and others as the deceased had already been killed. P.W.11 stated that the deceased stopped moaning, whereafter the accused persons lifted him and took him towards the railways situated to the east of the place of occurrence.