DIP NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of conviction and sentence passed by 5th Additional Sessions Judge, Munger in Sessions Trial No.77 of 1985 whereby and whereunder all the three appellants, namely, Dip Narain Singh, Satto and Satya Narain Singh and Shiva Sada @ Shibu Sada were convicted under Section 302 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life. The remaining five accused who also faced trial under Sections 302/149 of the Indian Penal Code besides other ancillary sections of the Indian Penal Code were, however, acquitted by the trial Court of the respective charges.

(2.) Briefly stating, the case of the prosecution is that on 15.3.1994 at about 7.00 to 7.30 p.m., the informant had gone to the Basa situated at Pachhiyar Bahiyar to give food to his father, Asharfi Sada, who was guarding field from his Basa and as soon as the informant reached at the Basa, he saw that accused Dip Narain Singh, Satto Singh, Satya Narain Singh, Anil Singh, Priyabrat Singh, Shankar Sah, Jai Narain Singh, Bahadur Sada and Shiv Sada all belonging to same village came there and Dip Narain Singh assaulted the informant's father with spade near his left ear followed by appellant Satto Singh who gave a bhala blow on his left forehead and accused-appellant Shiv Sada gave one lathi blow, as a result of which the informant's father fell down. Thereafter, the informant ran towards village Sonebarsa by raising alarm and in the meantime, Mahendra Singh (PW 3) Prakash Yadav (PW 5) came and saw the occurrence. It is stated that many villagers came there from village Sonebarsa and Rohiyar and saw the accused-persons fleeing away. The informant brought his father to Chautham hospital with the help of Sonelal Singh and Acheylal Singh and others and got him treated there. The motive for the alleged occurrence is old enmity. On the basis of the fardbeyan of the informant which was recorded by S.I. Sri S.K. Lal of Chautham police station on 15.3.1984 at 11.45 p.m. at State Dispensary Chautham, a case under Sections 147, 148, 325, 307 of Indian Penal Code was registered against all the eight accused who were named in the fardbeyan. The informant's father however, died in course of treatment at Chautham hospital on 17.3.1984. After due investigation, the police submitted charge-sheet against ail the eight accused-persons named in the FIR under Section 302 of the Indian Penal Code besides other ancillary sections of the IPC. On the basis of which cognizance was taken and the case was committed to the Court of Sessions for trial.

(3.) Accused Dip Narain Singh and Satto @ Satya Narain Singh were charged under Section 148 of the Indian Penal Code and they along with accused Shiva Sada were further charged under Section 302 of the IPC whereas all the eight accused were charged under Sections 302/149 of the IPC and accused Anil Singh, Priyabrat Singh, Jai Narain Singh, Shankar Sah and Bahadur Sada were also charged under Section 147 of the Indian Penal Code to which they pleaded not guilty. The main defence of the accused during the course of the trial was that they have been falsely implicated in this case at the instance of Mahendra Singh (PW 3) against whom enmity was going on inasmuch as Mahendra Singh along with other accused were convicted in a case under Section 302 of the Indian Penal Code concerning the murder of the cousin brother of appellants 1 and 2. It is the definite case of the defence that the informant and his father were working as labourers in the field of PW 3, so taking advantage of the murder of the informant's father, the accused-persons were implicated in this case at the instance of PW 3.