UMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals were heard together as both of them arise out of the common judgment passed by 4th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 4 of 1981, whereby he convicted the appellants, namely, Indra Mohan Jha, Narendra Singh and Surendra Singh under Sections 302/34 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life. During the pendency of the appeals the appellant No. 1, Umeshwar Singh of Criminal Appeal No. 370 of 1991, died and as such the appeal against him abated.

(2.) In short, the prosecution story, as unfolded in the fardbeyan of Ram Kumar Singh recorded by ASI of Sadar Police Station. Muzaffarpur on 7 -4 -1978 at 1.00 p.m. at Sadar Hospital, Muzaffarpur, is that, about 15 days prior to the alleged occurrence, the informant was going on a bullock cart through the field of Mahanth Ram Chandra Das, when Harendra Singh @ Nanhki became ready to quarrel with him at the instance of Genesh Singh and Mathura Singh who were the agnates of the informant on account of some land dispute. The informant any how managed to escape and avoided any untoward incident.

(3.) The second part of the incident is that a day prior to the alleged occurrence, the informant's brother Ram Narayan Singh had gone to the house of Krishnanandan Singh to realise the dues of milk and he was sitting at his door because Krishnanandan Singh had gone to change, the money and at that very time Harendra Singh came and assaulted Ram Narayan Singh with iron rod for which a Sanha was lodged at Mushari O.P. It is alleged that when they came back from Mushari O.P. Mathura Singh and Genesh Singh gave threats that if the case is not withdrawn or the land is not sold in their favour, they will be done to death. There was meeting also at the residence of Mathura Singh in the previous night of the alleged occurrence and the informant disclosed about holding of the meeting with his father.