PAPPU SINGH ALIAS BANNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary Appellant Pappu Singh @ Banna charged under Section 302 of the Indian Penal Code and 27 of the Arms Act for allegedly committing murder of deceased Janardhan Singh on 1st of May 1986 has preferred this appeal assailing his conviction for the aforesaid offences and order of sentence to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 27 of the Arms Act awarded by learned 1st Additional Sessions Judge, Barh, Patna on 11.04.1989 in Sessions Trial No. 769/1987.

(2.) In spite of repeated calls none turned up to represent the Appellant. We found no other option but to accept offer of Sri Bimal Kumar No. II, Advocate, to represent the Appellant as amicus curiae. Consequently he was appointed on 24.02.2011, and made all his endeavours to represent the case of the Appellant to the best of his capacity.

(3.) The prosecution case, in short, as reveal from Ext.3, the fardbeyan of Arun Kumar (P.W.5) son of the deceased Janardhan Singh recorded on 01.05.1987 at 12.45 P.M. in the field of Ganesh Ram of village Dakshini Chowk, Bahadurpur (place of occurrence) by Sri Krishnadeo Prasad (P.W.9) Officer-in-charge of Athmalgola Police Station, is that at about 8.45 P.M. the deceased on his bicycle proceeded for home from Athmalgola station. The informant along with Tarun Singh (P.W.1) and Sheo Kumar Singh (P.W.3) were also just behind him on foot and since there had been some rain, deceased was passing slowly when the deceased arrived in the field of Ganesh Ram situated south east of an orchard near Athmalgola station he was intercepted by three persons including the Appellant in the flash of torch by these witnesses, they could identify one of the interceptors as the Appellant having pistol in his hand with two unknown also having same weapon. The informant questioned "Pappu Singh yeh kya kar raha hai" soon thereafter the Appellant shot at the chest of the deceased who met an unsuccessful attempt to leave the place even after being injured but fell down after proceeding a few steps. The informant and his associates could do nothing due to fear of the armed miscreants who fled away towards north. The reason behind the occurrence as stated in fardbeyan is that the Appellant used to stole coal and dynamo belt of railway and sell the same which was objected by the deceased who was also once instrumental in arrest of the Appellant, on alarm from station at village side several persons arrived. The fardbeyan was also witnesses by Sheo Kumar Singh (P.W.3). On the basis of Ext.3, formal First Information Report (Ext.2) against Appellant and two unknown was instituted under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. After investigation police submitted charge sheet against the Appellant. On taking cognizance, case was committed to the court of sessions and the trial commenced in the manner aforementioned.