BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORIGINALLY , this appeal was filed on behalf of six appellants. During pendency of this appeal, three appellants have been reported to be dead, namely, Bhagwan Singh, Ram Rekha Singh and Navin Maharaj, who are appellant nos.1, 2 & 5 respectively. At the time when the judgment under appeal was delivered convicting them on 26.08.1989, they were 55 years, 53 years and 50 years of age respectively, which would make them at least 76 years, 72 years and 71 years as of today.

(2.) CONSIDERING the aforesaid, the application filed bringing on record this fact is accepted and their appeals are held to be abated. That leaves us with three appellants, namely, Ramesh Singh, who is the son of deceased appellant, Bhagwan Singh, Chhotan Jha, son of Mathura Jha and Ram Chandra Singh, son of Indradeo Singh. The appellants have been convicted by the 3rd Additional Sessions Judge, Begusarai in Sessions Case No.116 of 1984/61 of 1985. They all have been convicted under Sections - 302/149 and 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life and two years respectively. Ramesh Singh has been convicted under Section -324 of the Indian Penal Code and no separate sentence has been awarded to him. It may be mentioned here that 13 persons were put on trial. One person, namely, Jagdish Singh had died in course of trial, leaving 12 persons out of whom only six persons were convicted whereas the other six have been acquitted. State did not challenge the acquittal.

(3.) THE prosecution case, in brief, is that on 04.07.1981 at about 10 am when Sone Lal Singh, P.W.4 along with his five other brothers, that is, Laddu Lal Singh, P.W.1, Ram Sewak Singh, P.W.2, Shyam Narain Singh, P.W.3 and Balmiki Singh, P.W.6 were transplanting paddy seedlings along with their brother Ram Jatan Singh, the deceased, 11 persons named and several others came and started assaulting the prosecution party. It may be noticed that appellant, Chhotan Jha and appellant, Ram Chandra Singh are not named therein. It is alleged that appellants, Bhagwan Singh and Ram Rekha Singh (both since deceased) cut the right leg of deceased Ram Jatan Singh with 'Pharsa' and others assaulted the deceased with 'Khanti' and other instruments. Ramesh Singh, appellant no.3 injured the informant, Sone Lal Singh with spear on his eye. It is alleged that when the accused persons came to the spot, there were about 10 to 15 labourers, who were also working there and, seeing the assault, they ran away. Upon alarm being raised, the accused persons ran away and some nearby villagers turned up. In view of the critical position of Ram Jatan Singh, whose right leg had been cut and severed, it is alleged that he was taken on a rickshaw to a doctor whereas the injured Sone Lal Singh proceeded to the police out post at Manjhaul where his statement was recorded at 5:50 am on 04.07.1981 itself by Arvind Kumar Jha, S.I. of Nawkothi, T.O.P. who forwarded the fardbeyan to Bakhari P.S. for being registered as a case under Sections -148, 149, 447, 324 & 307 of the Indian Penal Code. Sri A.K. Jha took up investigation. It appears that the grievously injured Ram Jatan Singh was then taken to a doctor who, allegedly, seeing the critical condition referred him to Begusarai Sadar Hospital. He was, allegedly, carried thereafter in the Jeep of the prosecution party but died in way.