RAMAUTAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have come to this Court against the judgment and order dated 14.7.1987 passed by 9th Additional District and Sessions Judge, Munger in Sessions Case No. 1 of 1982 whereby the appellant, Bajrangi Singh, has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. Rest of the appellants have been convicted for the offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellants Kedar Singh and Ramautar Singh have further been convicted for the offence under Sections 147 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and six months there under respectively. Appellants Badri Singh and Birendra Singh have further been convicted for the offence under Section 148 of the Indian Penal Code and sentenced to undergo two years rigorous imprisonment. Appellant Ramautar Singh died during the pendency of the appeal.

(2.) ONE Ram Lakhan Singh gave his fardbeyan on 14.7.1980 at about 2.15 P.M. before the Sub - Inspector of Police, Suryagarha at village Rarnpur that he was on a 'Machan ' situated half a mile away from his village Rarnpur in Umtahi Bahiyar and watching maize and paddy crops. At about 7 A.M. his brother Baikuhth Singh was grazing cattle in Umtahi Bahiyar. The appellants (including Ramautar Singh dead) came variously armed with Lathi and Bhala. They abused and protested grazing the cattle. His brother Baikunth replied that the land did not belong to them on which Ramautar Singh and Kedar Singh assaulted him with Lathi due to which he fell down. Thereafter, they proceeded towards their vilage Rarnpur. In the meantime Ramji Singh son of Baikunth Singh was coming running. He met the appellants. He protested the assault on his father. Ramautar Singh the Kedar Singh ordered to kill him on which Bajrangi Singh gave Bhala blow which hit on his chest. Birendra Singh also gave Bhala blow due to which Ramji Singh fell down and he died. Badri Singh had Bhala in his hand and was threatening that if any body came he would be killed. The accused persons thereafter ran away. The occurrence was witnesses by Ramnandan Singh Ramadhar Singh, Ram Singh and Girija Singh. His brother Baikunth Singh was admitted in hospital.

(3.) THE defence of the appellants was that they were innocent and had falsely been implicated. No occurrence took place as alleged by the prosecution. Ramji Singh was a man of bad character. He was killed by some unknown persons at unknown place and his dead body was brought and left at the place of occurrence in the night. There was no 'Machan of Ram Lakhan Singh near the place of occurrence.