PANKAJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal on behalf of appellants Pankaj Singh and Manish Singh is against the judgment of conviction dated 16.07.2007 and order of sentence dated 20.07.2007 passed by Additional Sessions Judge, Fast Track Court No. II, Sitamarhi in Sessions Trial No. 227 of 2004 whereby the appellants were convicted under Section 302/34 of the Indian Penal Code and were sentenced to undergo imprisonment for life.

(2.) Fardbeyan (Ext.4) was recorded at 11.15 P.M. on 13.03.2003 in which Sanjay Kumar Singh (P.W.5A) alleged before the Sub-Inspector of Police, Satish Kuamr of Runni Saidpur Police Station (P.W.14) that on the same date he was proceeding with his deceased nephew Rajan Kumar Singh on his motorcycle bearing No. BPK-9382 from Runni Saidpur for his house and when they reached near Kataujha Lachaka at 4.45 P.M., two motorcycles overtook the motorcycle being driven by the informant's nephew. On one motorcycle, Baroj Singh and Gunjan Singh were ridding and on another motorcycle Rajiv alias Guuddu Singh, appellant Pankaj Singh and another appellant Manish Singh were ridding. The informant and his deceased nephew were surrounded near Kataujha Lachaka and thereafter firing was made by Gunjan Singh at Rajan Kumar Singh which caused him injury on his left elbow. Rajan Kumar Singh tried to escape with his motorcycle towards east of Lachka and thereafter both the informant and his nephew started running towards east. Thereafter accused-- persons namely, Rajiv alias Guddu Singh, Pankaj Singh (appellant No. 1) and Manish Singh (appellant No. 2) allegedly fired indiscriminately. The informant dipped himself under the water and due to that he could save himself. Indiscriminate firings caused injuries to Rajan Kmar Singh who fell down in the water and thereafter the accused persons escaped. The informant then went to see Rajan Kumar Singh and extricated him from the water but he was no more. Suresh Singh (P.W.2), Sanjay Singh (P.W.3), Hemant Singh (P.W.11), Santosh Kumar (P.W.12) and others came there. The motive for the occurrence, according to P.W.5A, was that earlier election of Bihar Legislative Assembly was held and at that very time, the accused persons have attacked the deceased with bomb for which a case was lodged. The pressure of the accused persons was that the informant and his persons should succumb to their desire so that the earlier case may be compromised. The fardbeyan (Ext.4) lodged by P.W.5A resulted in formal F.I.R. (Ext.5) vide Runni Saidjjpur P.S. Case No. 46 of 2003 dated 14.03.2003 under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Against the five named accused persons including these two appellants. After investigation, chargesheet No. 70 of 2004 dated 16.04.2004 was submitted against appellant Manish Singh (appellant No. 2) and supplementary chargesheet No. 91 of 2004 dated 27.05.2004 was submitted against Pankaj Singh (appellant No. 1). After taking cognizance, the case was committed to the court of sessions where charge under Section 302/34 of the Indian Penal Code was framed and the same was explained to the accused persons. They pleaded innocence, so the trial proceeded.

(3.) In order to prove its case, the prosecution examined altogether 15 witnesses. They are : P.W.1 Hari Kishore Singh, P.W.2 Suresh Singh, P.W.3 Sanjay Singh son of Uma Shankar Singh, P.W.4 Rajiv Kumar Singh alias Baban Singh, P.W.5 Maheshwar Rai, P.W.5A Sanjay Kumar Singh (informant of this case), P.W.6 Vijay Singh, P.W.7 Lalan Prasad Singh alias Lal Babu Singh, P.W.8 Manju Devi, P.W.9 Nawal Kishore Singh, P.W.10 Baijnath Rai, P.W.11 Hemant Singh, P.W.12 Santosh Kumar Singh, P.W.13 Dr. Md.Ziauddin Jawed,P.W.14 Satish Kumar, Investigating Officer of the case.