BISHWANATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) INITIALLY the appeal was filed by two persons, namely, Bishwanath Singh and Ragho Singh @ Ragho Sharan Singh. The age of appellant Ragho Singh @ Ragho Sharan Singh was assessed to be 88 years under Section 313 Code of Criminal Procedure Code. Later on, a petition was filed informing about his death and so the appeal against appellant no. 2 was abated and now the appellant no. 1 namely, Bishwanath Singh is the sole appellant in this appeal who has been found guilty by the learned 4th Additional Sessions Judge, Bhojpur at Arrah in Sessions Trial No. 318 of 1982 vide judgment dated 9.2.1989 under Section 302 of the Indian Penal Code and under Section 27 of the Arms Act and he was sentenced to undergo rigorous imprisonment for life under Section 302 Indian Penal Code and rigorous imprisonment for one year under Section 27 of the Arms Act. The sentences were ordered to run concurrently.

(2.) FARD-beyan (Ext.-6) of PW 12 was recorded by the Officer In-charge of Barhara Police Station at the P.O. village- Sabalpur wherein the informant (PW 12) on 26.4.1988 at 11.30 AM stated that the land of Sabalpur has converted into a pond which belonged to Deo Prasad Pandey (PW 8), Hari Shankar Pandey (not examined), Dev Bansh Pandey (not examined) and others. The settlement of the pond was taken by Rameshwar Singh (not examined) and Rajeshwar Singh (not examined). At 9.00 AM on 26.4.1981 in the morning, Rajeshwar Singh (not examined) and Rameshwar Singh (not examined) came for fishing. At that very time, accused Ragho Singh, Basudeo Singh, Kishore Singh, Rajendra Singh, the appellant Biswanath Singh and others came and obstructed the fishing and altercation ensued and the accused persons returned soon thereafter. At that time, Ragho Singh, this appellant, Rameshwar Singh and others were carrying guns. The informant and others went to see, thereafter, all the accused persons started assaulting. At that time Rajendra Singh was also having gun. Due to firing the injured received injury on his leg. Sathurghan Pandey, Gorakh Chowkidar have received injury and the occurrence was witnessed by Amir Pandey (PW 10), Gajadhar Pandey (PW 11), Barku Pandey (not examined) and Deo Prasad Pandey (PW 8). On account of firing Arbind Pandey died. This information resulted into registration of Barhara P.S. Case No. 62 of 1981 under Sections 147, 148, 149, 326, 302 of the Indian Penal Code and Section 27 of the Arms Act. After investigation chargesheet was submitted. Accordingly cognizance was taken and the case was committed to the Court of Sessions.

(3.) INITIAL version was recorded at 11.30 AM on 26.4.1981 when the Officer Incharge visited the place of occurrence. In that version the informant has given the role of assault to many persons including this appellant Biswanath Singh. This Biswanath Singh was bracketed with Rameshwar Singh who too was shown to be armed with gun. Later on, it appears that in course of evidence major variations were made. Against the Mukhiya Rameshwar Singh entire accusations were dropped and this accused namely, the appellant was singled out. This was at variance with the initial version which has been recorded by the Investigating Officer. In course of hearing, the prosecution has tried to analyze the reasons for this variations but no explanation could be given as to why this important fact that the appellant alone was the shooter has not come and why he was bracketed with others. In course of investigation, story which was inconsistent with the fard-beyan was developed and accordingly, chargesheet was submitted and charges were framed.