BALESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nineteen accused persons were charged together under Sections 307 and 149 IPC by the learned 3rd Additional Sessions Judge, Nawadah out of whom Chandeshwar Singh and Bankey Singh died during trial leaving 17 accused persons on trial. Some accused persons were distinctly charged for committing offences, like, 27 Arms Act and 380 of the IPC. On trial 12 accused persons were acquitted by the learned 3rd Additional Sessions Judge, Nawada by judgment dated 7.1.1994 passed in Sessions Trial No. 274 of 1984/90 of 1986. However, five Appellants before this Court were found guilty of committing offences under Sections 307 and 149 IPC and 27 of the Arms Act and each of the five Appellants was directed to suffer rigorous imprisonment for five years besides to pay fine of Rs. 5,000/- in default of which each of them had to suffer rigorous imprisonment for six months. Appellants Ganauri Singh Ram Krishna Singh @ Krishna Singh, Arjun Singh and Ram Swarath Singh were held guilty also of committing offence under Section 27 of the Arms Act and each of the four Appellants was directed to suffer rigorous imprisonment for three years on that count. The sentences inflicted upon Appellants No. 2 to 5 were directed to run concurrently. The five Appellants are before this Court to challenge the above noted judgment of conviction and order of sentence passed by the learned 3rd Additional Sessions Judge, Nawada in the above noted case.

(2.) The occurrence relates to 23.6.1980 and is said to have occurred at 6.30 A.M when as per the allegations P.W.8 Arjun Prasad Singh, the informant was washing his hands and mouth after attending to the call of nature on the boaring of P.W.4 Ram Charitra Prasad Singh. P.W.4 Ram Charitra Prasad Singh was also present there. At that time Appellant Baleshwar Singh came there and requested P.W.4 Ram Charitra Prasad Singh to allow him to draw water from his boaring which was refused by P.W.4 Ram Charitar Prasad Singh by stating that he himself required water on that particular day. An altercation took place and it is alleged that Appellant Baleshwar Singh threatened P.W.4 Ram Charitra Prasad Singh that he would not allow water to pass through his field for irrigating the field of P.W.4 and walked out from there in rage stating that he will teach P.W.4 a lesson at his house. It is alleged that Appellant Baleshwar Singh having reached his house, called his men. P.W.8 saw the assembly at the house of Appellant Baleshwar Singh, and requested P.W.4 Ram Charitra Prasad Singh to go to his house as Appellant Baleshwar Singh had assembled his men which was clearly visible from the side of the tube-well. P.W.4 Ram Charitra Prasad Singh and P.W.8 Arjun Prasad Singh started together and when they had reached near the house of P.W.4 Ram Charitra Prasad Singh, it is alleged, that hullah was heard coming from the side of the house of P.W.4 Ram Charitra Prasad Singh. It was further found by P.W.8 that Appellants Ganauri Singh, Krishna Singh, Arjun Singh and Ram Swarath Singh all of village-Fulma were having guns in their hands and were standing outside the Darwaja of P.W.4 Ram Charitra Prasad Singh. At that particular time it was striking about 6.30 A.M. At the same time P.W.4 Ram Charitra Prasad Singh, the informant Arjun Prasad Singh(P.W.8), Arun Kumar(P.W.3) and Shyamlee Singh(P.W.7) also reached there and it is stated that P.W.4 protested as to why they were indulging in such highhandedness. Hearing this, Appellant Ganauri Singh is said to have ordered to kill and is alleged himself to have fired at P.W.4 Ram Charitra Prasad Singh. Appellant Ramkrishna Singh allegedly fired at P.W.3 Arun Kumar where as Appellant Arjun Singh fired at P.W.7 Shyamlee Singh. Appellant Ram Swarath Singh is said to have fired at P.W.8, the informant.

(3.) It is alleged that on the hulla which was generated by the mob of the accused persons as also the injured persons Harihar Singh(P.W.11), Fagu Singh(not examined), Muneshwar Singh(not examined), Shyamlee Singh(P.W.7) and others came there and saw the four injured and the accused persons armed with guns.