LAWS(PAT)-2010-4-433

SARAJU SINGH Vs. STATE OF BIHAR

Decided On April 15, 2010
SARAJU SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Nine appellants before us were tried for the charges under sections 302/149 and sections 147 of the IPC. Two appellants Saraju Singh and Balkeshwar Singh were separately charged under sections 302/34 of IPC on the trial of Sessions Trial No. 274/30 of 1978/80. Out of nine appellants, Saraju Singh and Balkeshwar Singh were found guilty of committing offence under sections 302/34 of the IPC and each of them was directed to suffer rigorous imprisonment for life. Appellant no. 1 Saraju Singh was also found guilty of committing offence under section 436 of the IPC and was directed to suffer rigorous imprisonment for four years. The remaining seven appellants were found guilty of committing offence under sections 302/149 and section 323 of the IPC. Appellants have preferred this appeal against the above judgment of conviction and sentence which was passed by the learned 3rd Additional Sessions Judge, Rohtas, Sasaram on 9th May, 1988.

(2.) The informant of the case P.W. 7 Ram Charitra Pasi stated in his fardbeyan that he along with his son Banshidhar Pasi (deceased), informant Dayanidhi Pasi (P.W. 6) and Gopal Pasi (P.W. 5) was sleeping in a Marai situated at a distance of one mile towards east of the village. The informant stated that he had also some agricultural fields there. At about 12 P.M. he woke up on picking up some sound and came out of the Marai when he found the nine appellants and another accused Inder Singh (since dead) who had lathi in their respective hands. They came near the informant and at the orders of appellants Saraju Singh to assault, he himself set the Marai at fire by lighting the match stick. Appellant Balmkeshwar Singh dealt a lathi blow on the head of the informant. Appellant Baban Singh assaulted the informant with a lathi on his right hand and again the appellant Balkeshwar Singh assaulted the informant on his back and thighs.

(3.) On account of being set at fire, the Marai was in flames, as a result of which the deceased Banshidhar Pasi along with Dayanidhi Pasi (P.W. 6) and Gopal Pasi (P.W. 5) came out of it through its window and attempted to run away from there. The deceased Banshidhar Pasi was assaulted by appellant Balkeshwar Singh and Saraju Singh incessantly on his head and other parts of the body by lathi, as a result of which Banshidhar fell down there. P.W. 6 Dayanidhi Pasi was assaulted by appellant Baban Singh, Ram Ashish Singh and Uma Shankar Singh whereas P.W. 5 Gopal Pasi was assaulted by Indar Singh (since dead), Kameshwar Singh and Ram Awadh Singh.