KESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The aforesaid Criminal Appeal (DB) Nos. 681 of 2012 and 832 of 2012 preferred by the accused/appellants Keshwar Singh and Sanjay Singh respectively are directed against the judgment of conviction dated 15th June, 2012 and order of sentence dated 18th June, 2012 passed by the learned 6th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No.58 of 2010 whereby both the appellants have been convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and the appellant Sanjay Singh has further been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for a further period of three years.

(2.) The prosecution case is based on the fardbeyan of the Sheopati Singh (PW-5), which was recorded by the Officer-in-Charge of the Dinara Police Station, Amarnath Singh on 12.10.2009 at 4:15 p.m., at Kaharpurwa Badhar, in village-Bhagiratha Dera, P.S.-Dinara, District-Rohtas. He has stated in his fardbeyan that on 12.10.2009, at about 2:00 p.m., he had gone together with his son Bans Narain Singh aged 38 years for cultivation of potato in his field situated in the eastern side of his village. When he reached near his field, he saw that his brother Keshwar Singh, aged about 70 years, nephew Sanjay Singh, aged about 38 years, grand-sons Deepak Singh, aged about 19 years and Ashok Singh, aged about 15 years had damaged the ridge and ploughed his field. On being asked, they got into a battle of words. In the meantime, at about 3:00 p.m., Keshwar Singh exhorted his son Sanjay Singh, who took out his country-made pistol and fired a shot causing injury to Bans Narain Singh in the back of his head as a result of which, he fell down. Thereafter, Deepak Singh also fired a shot from his country-made pistol causing injuries to Bans Narain Singh in the back of his left ear. His injured son died at the spot. He has further stated that the accused Ashok Singh was also possessing a country made pistol and had also opened fire.

(3.) The fardbeyan of the informant was witnessed by PW-3 Rajbansh Singh.