STATE OF BIHAR Vs. RAM ANUP SINGH

JUDGEMENT

(1.) Death reference and the criminal appeal arise out of the judgment and order dated 3-3-2000/9-3-2000 passed by 4th Additional Sessions Judge, Motihari in Sessions Trial No. 319/33 of 1997. They have been heard together and are being disposed of by this judgment. ccThe appellants Babban Singh and Lallan Singh have been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to death. Appellant Ram Anup Singh has been convicted for the offence under Ss. 302/34 and 302/109 of the Indian Penal Code and has been sentenced to death. The appellants have further been convicted for the offence under Section 27 of the Arms Act but no separate sentence has been awarded. The appellants have preferred the appeal for setting aside the judgment under appeal whereas reference has been made for confirmation of death sentence awarded by the trial Court.

(2.) Babu Nand Dubey, the informant, of village Jamunia Jasauli gave his fardbeyan on 27-3-1997 at about 8.15 a.m. at the house of his Samdhi, Madan Singh, in village Dilman Chapra before the Officer Incharge of Kesaria police station that about 15 years ago he got his son Shambhu Saran Dubey married with the only daughter of Madan Singh, namely, Sita Devi. Madan Singh had no son and as such he executed deed of gift of his share i.e. nine Bigha land in favour of his son-in-law, Shambhu Saran Dubey and daughter, Sita Devi. His son, Shambhu Saran Dubey with his wife, Sita Devi was living at the village Dilman Chapra to serve his father-in-law and mother-in-law. There was dispute between Madan Singh and his brother Ram Anup Singh with respect to the aforesaid land. Panchayati was fixed on 27-3-1997 and as such he, his son Rabindra Dubey, Bhagya Narain Dubey, Shivji Dubey, Dwarika Singh, Mahendra Singh, Nawal Kishore Dubey of his village Jamunia Jasauli had gone to village Dilman Chapra at about 6 a.m. At about 6.30 a.m. Babban Singh, Lallan Singh both sons of Ram Anup Singh with Nalkatua and Ram Anup Singh with licensed gun came near the Kirana Shop of Bhagheshwar Raut and Ram Anup Singh fired a shot from his gun in the air. He and the aforesaid persons concealed themselves hither and thither and he saw that they caught his son Shambhu Saran Dubey and started assaulting him. Ram Anup Singh ordered to kill him and members of his family on which Babban Singh threw his son, Shambhu Saran Dubey, on the ground and fired on his chest. His son, Shambhu Saran Dubey, died then and there. The aforesaid accused persons proceeded to the house of his Samdhi, Madan Singh. His daughter-in-law on hearing sound of firing came out from her house. Lallan Singh caught her and fired on her head due to which his daughter-in-law, Sita Devi died then and there. His Samdhi, Madan Singh, and his Samdhini, Sheoji Devi, came out from their house. Babban Singh caught Madan Singh and fired causing his death instantly, Lallan Singh caught Sheoji Devi and fired on her head due to which she died near the door of her house. The occurrence was witnessed by many persons of village Dilman Chapra.

(3.) On the aforesaid fardbeyan, Ext. 8, a formal first information report, Ext. 11, was registered, investigation was taken up, on completion of investigation charge sheet was submitted against the appellants in the Court, the Court took cognizance and committed the case to the Court of Session for trial. The trial Court on conclusion of trial convicted the appellants, as indicated above.