SURESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants of Criminal Appeal No.183 of 1997 have been convicted u/s.304 Part II/149 I.P.C. and sentenced to R.I. for three and half years as also u/s.147 I.P.C. and sentenced to six months R.I. THE appellant no.1 of Criminal Appeal No.183 of 1997 has also been convicted u/s.323 and sentenced to R.I. for six months. THE appellants of Criminal Appeal No.206 of 1997 have been convicted u/s.304 Part II I.P.C. and sentenced to R.I. for eight years as also u/s.147 I.P.C. and sentenced to six months R.I. THE appellant no.2 of Criminal Appeal No.206 of 1997 has also been convicted u/s.323 I.P.C. and sentenced to R.I. for six months by the 3rd Additional Sessions Judge, Bhabhua passed in Sessions Trial No.53 of 1984/ 51 of 1997 by judgment dated 10.7.1997 and 11.7.1997 respectively.

(2.) THE case of the prosecution according to the informant Sheo Shankar Singh (P.W.7) is that on 1.5.1983 while his father was cleaning the wheat in his khalihan located near the Boring, the accused persons variously armed came there and started objecting for collecting the wheat and an exchange of hot words took place between the parties. In the heat of the movement appellant Rama Shankar Singh snatched a lathi from the hand of Jang Bahadur Singh and gave a lathi blow on the informants father. Appellant Vijay Bahadur Singh on the orders of appellant Suresh Singh again assaulted his father with lathi, at which his father fell down and when the informant rushed to rescue his father, appellant Vijay Bahadur Singh is also said to have assaulted the informant while appellant Lokai Devi threw a brick bat at him. THE informant also was injured and he fell down. On his alarm, a number of witnesses came and intervened and took the injured to the Hospital. Later on the father of the informant died. THE reason for the occurrence is that a proceeding u/s.144 Cr.P.C. was going on with regard to a certain piece of land and it is for this motive the occurrence took place.

(3.) INITIAL doctor who had examined the injured at Ramgarh Hospital has been suppressed by the prosecution. However the doctor, who conducted the postmortem on the dead body of Harbansh Singh has been examined as P.W.9. He stated that on 2.5.1983 at Bhabua Hospital he conducted the postmortem and found five injuries on the person of the deceased. One was an injury on the right side of the back of the head 3.1/2x1/2x bone deep whereas the second one was the fracture of the right little finger and the third was a lacerated wound in the front of the right little finger which was bone deep, fourth injury was on the front of the right fore arm whereas fifth injury was on the back of the left elbow and also on the back of the left arm. On opening the chest he found that the lungs were normal but the deceased had a diseased heart and the lair of the heart mussles were found effected by the heart disease. In this context he was of the view that none of the injuries were sufficient to cause his death and the definite opinion in regard to it could not be given. The viscera was not preserved.