INDRAJIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Indrajit Singh was put on trial by framing charge under Section 302 of the IPC by the learned 3rd Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No.4 of 1999. By the judgement delivered on 4.8.2004 he was found guilty of committing that offence. While hearing the appellant on sentence on 5.8.2004 the learned trial Judge directed the appellant to suffer rigorous imprisonment for life as also to pay a fine of Rs.1,000/- and in default, to suffer simple imprisonment for a period of six months. The appellant challenges his conviction and the sentence passed upon him through the present appeal.

(2.) While celebrating the Chhathiar of Lord Krishna an assembly of persons was singing devotional songs in a temple situated at village-Jalpura (Tapa) within Chandi police station of the district of Bhojpur. The deceased Jitendra Singh and the present appellant were members of the same singing party. It is stated by the informant P.W.7 Dharmendra Kumar Singh that he along with his two brothers, namely, Harendra Kumar Singh (P.W.6) and Amrendra Pratap Singh (P.W.8)had also accompanied his father on that occasion up to the temple. It is stated that there was some altercations amidst the singing of the songs between the deceased and the present appellant and the temper was frayed so much so as the appellant went out of the group of singers into the precincts of the temple. A bit later the appellant called the deceased as well who went near the appellant and the informant also claimed following his father. It is alleged that as soon as the deceased went close to the appellant, the appellant dealt two blows with chhura on front of the body of deceased as a result of which he fell down whereafter two more blows with that weapon were wielded by the appellant on the back of the deceased. The informant raised hulla attracting others present there and by the time they came near the deceased Jitendra Singh, he had breathed his last. The occurrence took place on . 21.8.1998 at about 10.10 P.M.

(3.) The dead body was brought by the informant and others to his house as may appear from Ext-4 the inquest report, where P.W.9 S.l. Basudeo Prasad held inquest upon it and prepared the inquest report. This is also stated by the informant in the fardbeyan Ext-2 that S.l. Basudeo Prasad(P.W.9)had come to his house and had recorded Ext-2, the fardbeyan and that was the basis for drawing up of Ext-3, the FIR of the case whereafter P.W.9 took up the investigation himself.