BIJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals arise out of the same judgment of conviction and sentence and as such all the three appeals were heard together and are being disposed of by this common judgment.

(2.) THE aforesaid appeals have been preferred against judgment and conviction dated 31.7.2003 passed in Sessions Trial No.432/1986/513 of 2001 by Shri Nirmalesh Chandra Lala (Ad-hoc Sessions Judge), Presiding Officer, Additional Court No.2, Patna.

(3.) P.W.1 Murari Singh, who is son of the informant (P.W.5) stated during the trial that on the date of occurrence at 12.00 Noon, he noticed that in his orchard accused persons had surrounded his Mahua tree and some labourers were cutting the tree through axe. It was further stated that accused persons were armed with farsa, gransa and lathis. P.W.1, when enquired from accused persons then he was chased by the accused persons and thereafter, any how, he rushed to his house and from his sister Renuka Devi (P.W.2) about his mother and also disclosed regarding the occurrence to his sister. Subsequently, he along with his sister Renuka Devi went to railway station with an object to meet their mother i.e. informant and on way, they met with her mother and disclosed all the episode to her. Thereafter, they were returning to their house and on way P.W.1 met with his brother Tungnath and he was also informed about the occurrence. On listening the said fact Tungnath said that he will ask the accused persons as to why they are cutting his tree. Again all the four persons came out from their house. At that very time, the sister of P.W.1 Renuka Devi was carrying her one month old female baby in her lap. However, on the way, the mother of P.W.1 took the baby from his sister's lap and thereafter, they reached near his tree at about 5.00 P.M. The mother of P.W.1 when enquired from the accused persons as to why they were cutting the tree, immediately thereafter, the appellant Bijendra Singh picked up his gransa and inflicted the same on his mother. However, the said blow hit the nephew of P.W.1 on her neck. The nephew of P.W.1 was in the lap of his mother (informant) and thereafter, the baby fell down. While his mother was going to lift the baby, the appellant Bijendra Singh again gave gransa blow which hit on left forehead of her mother and she received a cut injury and appellant Bijendra Singh snatched the nephew of P.W.1 from his mother (informant). In the said occurrence, his brother Tungnath was assaulted by Suresh Singh, Jagdeo, Sriram Tiwari, Babu Ram Tiwari, Ravindra Prasad Singh through farsa and gransa and thereafter, they also assaulted P.W.1. It was specifically stated by P.W.1 that he was also brutally assaulted. He claimed that the accused persons were also assaulting his sister. He categorically stated that the accused persons brutally assaulted them and thereafter, they threw them, but none of the villagers, who had assembled there, saved him. After the accused persons had fled away, the villagers and Chaukidar carried them to Neora hospital. He stated that his nephew was taken away by appellant Bijendra Singh and thereafter, she become traceless. Almost in the same term, P.Ws.2, 4 and 5 have supported the prosecution case.