KISHORI SINGH AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through the aforesaid two appeals, the seven appellants have challenged the judgment of conviction and sentence dated 31.08.1988 passed by the learned 4th Additional District and Sessions Judge, East Champaran, Motihari, in Sessions Trial No.36 of 1988/02 of 1988, whereby and whereunder the appellant Fulena Singh was held guilty under Sections 302, 148 and 379 of the Indian Penal Code and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code, rigorous imprisonment for one year under Section 148 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for one year under Section 379 of the Indian Penal Code whereas appellants Kishori Singh, Rameshwar Singh and Mokhtar Singh were convicted under Sections 302,149, 148, 379 of the Indian Penal Code and sentenced to undergo imprisonment for life under Sections 302/149 of the Indian Penal Code, one year rigorous imprisonment under Section 148 of the Indian Penal Code and further one year rigorous imprisonment under Section 379 of the Indian Penal Code. Basudeo Singh, Dharkhan Singh and Banka Singh have been convicted under Sections 302, 149, 147 and 379 of the Indian Penal Code and sentenced to undergo imprisonment for life under Sections 302/149 of the Indian Penal Code, rigorous imprisonment for six months under Section 147 of the Indian Penal Code and rigorous imprisonment for one year under Section 379 of the Indian Penal Code. All the sentences were directed to run concurrently.

(2.) The prosecution case st.ed rolling on the fardbeyan of Jogi Hazra (P.W.9) recorded on 01.11.1976 at 3.00 P.M. at Semra Tola Sekh Toli Turkaulia in Madarsa Hat by the Officer-in-Charge of Turkaulia police station, to the effect that at 9.00 A.M. Basudeo Singh (appellant no.2 in Cr. Appeal No. 459 of 1988) came with his followers and started cutting the paddy crops of Rahman Ansari (not examined), who had grown the crop on bataidari basis. It is claimed by the informant that since Bataidari case was decided in favour of informant's side, hence they grew the paddy crops and when the accused, persons started cutting the crops, than the villagers protested. The informant heard some noise at about 12 P.M. in the south of his house and when he came out, he found Basudeo Singh armed with Lathi, Fulena Singh armed with Gun, Kameshwar Singh armed with gun, Rameshwar Singh armed with gun, Banka Singh armed with Farsa, Dharkhan Singh armed with Lathi and Mokhtar Singh armed with Farsa, alongwith 30-40 people who were not identified by the informant, started cutting the crop of Singhashan Hazra(P.W.7), Sk. Akbar Ali (P.W.2) and of the informant and when protest was made, then Fulena Singh fired which hit on the chest of the informant's wife, Chhathiya Dusadhih, who had come out of her house alongwith the informant, on alarm being raised and then on receiving injuries, the victim fell down and died on the spot. It is alleged that when the villagers came, the accused persons fled away and they also took away the paddy crops with them. It is further claimed by the informant that Sk. Nazir (P.W.5) conveyed to the informant that Banka Singh was armed with Lathi and the occurrence has been witnessed by Sk.Nazir(P.W.5), Sk. Yaqub (not examined), Sk.Kaish Ali (not examined), SK. Ishu Mohammad (P.W.6), Bachan Ram (P.W.4), Sk. Hasim (P.W.3), Singhashan Hajra (P.W.7), Sk. Andul Rahman (not examined), Devi Chandra Hajra (P.W.8) and others.

(3.) On the basis of the aforesaid fardbeyan, Turkaulia P.S. Case No. 02 of 1976 was registered under Sections 147,148,149, 302,379 of the Indian Penal Code and Section 27 of the Arms act at 8.30 P.M. on 01.11.1976 and the First Information Report was transmitted to the learned Magistrate on 03.11.1976.