MADAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Madan Prasad Singh has filed this appeal against the judgment and order of conviction and sentence passed against him in Sessions Trial No. 217 of 1982 by Second Additional Sessions Judge, West Champaran, Bettiah, whereby the learned Additional Sessions Judge had convicted the accused-appellant under Sections 324/34 of the Indian Penal Code and sentenced him to undergo R.I. for three years.

(2.) In brief the case of the prosecution is that the informant, Jang Bahadur Rao and others are Bataidars of accused, Madan Prasad Singh, Mahendra Prasad Singh and Pun Kali Prasad Singh. A case regarding Bataidari is pending before the Deputy Collector Land Reforms, Bettiah. The informant had grown Bhadai crops in the land and some other Bataidars had grown Agahani crop. On 20.7.1979 at about 2'0 clock in the day accused Pun Kali Prasad Singh, Madan Prasad Singh, Mahendra Prasad Singh and Chandra Kishore Prasad Singh armed with gun arrived on the said land along with ploughs and bullocks. About 400 persons were with these accused-persons. The accused-persons started ploughing the land to which the informant and others protested on which the accused-persons started firing on them and the informant and others started running away and concealed themselves in the houses of different persons. Ramchhatri Rao, Rama,shray Rao, Jamadar Rao, Jhapsi Mahra, Ram Balak Mahra, Bircha Rao, Faudar Rao, Baidyanath Rao and others were coming from behind and they were also hit by bullet.

(3.) On the fardbeyan of the informant a formal First Information Report was drawn in this case. After investigation police submitted chargesheet against the accused, Mahendra Prasad Singh, Chandra Kishore Singh, Madan Prasad Singh and Pun Kali Prasad Singh. The trial Court framed charges under Sections 307/34 of the Indian Penal Code against accused, Pun Kali Prasad Singh and Madan Prasad Singh and charges were framed under Section 307 of the Indian Penal Code and Section 27 of the Arms Act against accused Mahendra Prasad Singh and Chandra Kishore Prasad Singh. The learned Additional Sessions Judge acquitted the accused Pun Kali Prasad Singh and convicted accused Chandra Kishore Prasad Singh, Mahendra Prasad Singh and Madan Prasad Singh under Sections 324/34 of the Indian Penal Code and sentenced them to undergo R.I. for three years each. Accused Chandra Kishore Prasad Singh was also convicted under Section 324 of the Indian Penal Code and Section 27 of the Arms Act and he was sentenced to undergo R.I. for three years each under each of the sections. The sentences are to run concurrently.