DIL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Dil Ram Singh, Megh Raj Singh and Ramashis Singh @ Keshwar Singh- all sons of late Sheojogi Singh have preferred this appeal. They were charged along with Sheojogi Singh but in view of death of Sheojogi Singh his trial abated and trial proceeded against the above named three Appellants. Appellant No. 1 has been convicted under Section 302 of the Indian Penal Code whereas Appellant Nos. 2 and 3 were convicted under Sections 302/34 of the Indian Penal Code and all three have been sentenced to undergo rigorous imprisonment for life vide judgment dated 18.3.2010 in Sessions Trial No. 202 of 1983.

(2.) Prosecution case relates to an occurrence dated 15.3.1988 at 8 A.M. as disclosed in the fard-beyan of informant Maharaj Singh (PW 5). His father Rajbanshi Singh (deceased), his Mausa Gurphekan Singh (PW 3), and brother Sheoraj Singh (PW 4) were in the process of putting a wall. At that very time Appellant No. 1 Dil Ram Singh with Baishaki, Ramashish Singh having a lathi and Sheojogi Singh (now dead) having a lathi came there and asked the informant against putting the wall which was protested by the informant who claimed its ownership. Allegation is that Dil Ram Singh, thereafter, struck a lathi blow on the head of Rajbanshi Singh whereas Megh Raj Singh gave a lathi blow on his right hand. When the informant tried to ward off then he was assaulted by lathi portion of Baishakhi, which caused injury in his finger. Sheojogi Singh hurled a lathi but it caused no injury to the informant. Sheojogi Singh has allegedly assaulted the deceased. On hue and cry Duryodhan Singh (not examined), Jagarnath Singh (PW 1) and Ramnath Dusadh (PW 2) arrived but the accused retreated. Fard-beyan of Maharaj Singh resulted into Sanha Entry No. 243 dated 15.3.1983. The informant and his father Rajbanshi Singh were taken to Buxar Sadar Hospital and as per the advice of the doctor, Rajbanshi Singh was taken to Patna Medical College and Hospital where he died. His post mortem was done there. Informant returned to his village on 19.3.1983 and the information given by the informant resulted into registration of Buxar Muffasil P.S. Case No. 90 of 1983 dated 19.3.1983 against the accused persons/Appellants under Section 304 of the Indian Penal Code. After investigation by one Ram Bichar Singh (PW 6), chargesheet was submitted under Section 304 of the Indian Penal Code. Accordingly, cognizance was taken and the case was committed to the Court of Sessions where charges under Sections 302/34 IPC were explained to the accused persons. They pleaded their innocence and trial proceeded.

(3.) Their defence was of false implication on account of dispute which has been mentioned in the initial version of the informant itself. The accused persons claimed the possession of the land. Their further defence was that the accused persons were aggressors and they have caused injuries for which proper treatment was given to them in the same very hospital where the injured and deceased of the present case were examined. Their specific defence was that the accused persons were assaulted on 15.3.1983 at 12.30 P.M. Sheojogi Singh who died during the pendency of the trial lodged the case which was recorded by A.S.I. Chandra Kant Pandey in which he has stated that while he was putting Khuta in Sahan then he was attacked by Maharaj Singh, the informant, with a Farsa whereas Rajbanshi Singh assaulted on his arm and head and on the statement of Sheojogi Singh Buxar Muffasil P.S. Case No. 85 of 1983 dated 15.3.1983 was instituted under Sections 323 and 324 of the Indian Penal Code. In that occurrence Sheojogi Singh has received five injuries.