AWADH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these four appeals have been heard together, as they arise out of the same order of conviction and sentence passed by the learned Additional Sessions Judge of Gava. and this judgment will govern them all. In Criminal Appeal No. 198 of 19(58, Awadh Singh alias Ram Awadh Singh is the appellant; in Criminal Appeal No. 202 of. 1968. the appellant is Hariharnath Singh; in Criminal Appeal No. 213 of 1968. Kamta Singh and Niranjan Singh are the appellants, and in Criminal Appeal No. 225 of 1968. Umashankar Singh is the appellant.

(2.) Appellants Kamta Singh. Niranjan Singh and Umashankar Singh have been found guilty under Section 302 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for life. All the five appellants were also found guilty under Sections 302/149 of the Indian Penal Code, but no separate sentence was passed against Kamta Singh. Niranian Singh and Uma Shankar Singh but Awadh Singh and Hariharnath Singh have each been sentenced to undergo rigorous imprisonment for ten years. Awadh Singh was further found guilty under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. The other four appellants were further found guilty under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years each. The sentences under the different, sections have, however, been ordered to run concurrently. It may be stated that according to the case of the prosecution. Awadh Singh was carrying a lathi Hariharnath Singh was carrying a gun, Niranian Singh was carrying a pharsa and Kamta Singh and Umashankar Singh were carrying bhalas. There was also another accused. Nandkishore Singh, who it is said, was carrying a gun; but he was murdered after the commitment inquiry and so he could not face the trial.

(3.) Deceased Bhrigunath Singh had his houses in villages Belarhi and Tarari lying within Police-Station. Daudnagar. in the District of Gava. He had culturable lands in both these villages. On 31st July. 1966. at about 12 noon, while he was corning towards Tarari side by the canal road, he was intercepted bv these appellants and brutally assaulted. His body was then thrown into the canal water. P. W. 9 Deokinandan Singh, who saw this occurrence, went about a mile off and informed P. W. 14 Surender Prasad Singh about the murder of his father. Bhrigunath Singh, Then they went to the canal side and picked out the dead body from the water and placed it on the bank near the house of Bhrigunath Singh. Thereafter P. W. 14 and others went to the police-station and lodged a fard beyan at 2.10 p. m. on the basis of which a formal first information report was drawn up.