HARENDRA SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Shortly after Sheoji Singh (deceased) came from the market and was at the door of his house, it was alleged that Madheshwar Singh, one of the accused took him to task for calling him bad names and assaulted with chain of the bicycle. There was exchange of abuses between them, pursuant to which when father of Sheoji Singh came for rescue of his son, he too sustained injury by the chain of the bicycle. It was alleged that both Sheoji Singh and Madheshwar Singh grappled with each other and during that process, came near the shop of Praduman Singh (PW 3) when Harendra Singh, one of the accused, abruptly emerged from bamboo clumps and fired a shot on Sheoji Singh which hit the chest of the later. It was alleged that on exhortation made by Harendra Singh, Madheshwar Singh took out a knife and thrust it on the back of Sheoji Singh, and the knife so thrust on his back, remained embedded. The occurrence was shown to have been witnessed by Ranjit Singh (PW 4) and Praduman Singh (PW 3) and with these recitals, fard byan of Chandrika Singh (PW 8) was recorded at 5.30 hours on 11th June, 1992 by Sub-Inspector of Police and investigation commenced. In the process of investigation, the Police Officer prepared inquest report over the dead body of the deceased, recorded fardbeyan of Chandrika Singh, father of the deceased, seized blood stained earth from the place of occurrence, sent the dead body for post-mortem examination and on conclusion of investigation, submitted charge-sheet before the court and the case was committed to the Court of Sessions and the accused were eventually put on trial and were charged for offences punishable under Section 302/34 IPC. Appellant Harendra Singh, also stood charged under Section 27 of the Arms Act. In the trial, that commenced, prosecution examined altogether eleven witnesses including Chandrika Singh (PW 8). father of the deceased, and Bindheshwari Singh (PW 11) both of them claiming to be ocular witness of the incident, the two Doctors, one of whom examined injuries on the person of Chandrika Singh and the other who held autopsy over the dead body of Sheoji Singh, the Investigating Officer who prepared Inquest report, and host of witnesses who in fact turned volte face to the prosecution.

(2.) The defence too examined two witnesses obviously to counter the allegations and also to suggest criminal antecedent of the deceased.

(3.) Now, coming to the evidences led of behalf of the State, Chandrika Singh (PW 8) who was also maker of the fard byan, reiterated his earlier version rendered before the Police, about Sheoji Singh having been taken to task by Madheshwar Singh, after the former came from the market, for calling him bad names. It was stated by the witness that after his son retorted, scuffle ensued between them, when Madheshwar Singh dealt blows on Sheoji Singh, with the chain of the bicycle, though, aim was lost. However, Chandrika Singh sustained injuries when he came for rescue of his son. They grappled with each other and in that process, came near the shop of Praduman Singh (PW 3) where Harendra Singh came exhorting from bamboo clumps and fired a shot on Sheoji Singh which hit his chest and he dropped to the ground. As this was not enough, it was alleged that on exhortation made by Harendra Singh. Madheshwar Singh thrust knife on the back of the deceased with profused bleeding from the wound, and it is how that Sheoji Singh succumbed to the injuries and breathed his last.