NAND KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As both the appeals have been heard together both are being disposed of by this common judgment.

(2.) These appeals have been filed against the judgment and order dated 4/1/1984 passed by Shri Gauri Shankar Choubey, 1st Additional. Sessions Judge, Gaya, in Session Trial No. 302/10 of 1983 by which the appellants have been convicted under section 302 read with section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(3.) The case of the prosecution is that on the night of 16/17th of March 1983, deceased Ram Pravesh Singh of village Rasalpur, P.S. Gaya Mufassil was sleeping over his brick kiln towards north of his village. His nephew Ram Ekbal Singh (P.W. 5) and a labourer Bishwanath Paswan were busy in putting coal in the fire place of the brick kiln at some distance towards north-east. Musafir Pas wan and Chalitar Paswan, the other labourers were also sleeping over the same brick-kiln at distance from Ram Pravesh Singh. At about 1 A.M., there was some rustle of dry leaves towards west which attracted the attention of Ram Ekbal Singh. Ram Ekbal Singh made enquiries whereupon reply came that they are pathera (manufacturers of bricks). Two persons are said to have climbed over the brick kiln where Ram Pravesh Singh was sleeping. One of them had a torch and the other fired from his gun putting the barrel on the chest of Ram Pravesh Singh on account of which he died then and there. While the culprits were making good their escape, they threw a bomb which exploded. They made good their escape in darkness. The explosion attracted the attentions of Holi-singing people in the village including Upendra Singh (P.W.10) and Surendra Singh who came running. When the people reached the victim, they found him dead on the brick kiln. The victim was sleeping there by spreading straws covered with a chadar. Ram Ekabal Singh is said to have given out the version about the occurrence to the people. He also went to the police station which was at a distance of 4 kms. and lodged the report against unknown persons on 17/3/1983 (Ext. 3) upon which the investigation was started. The inquest report was prepared, and the dead body was sent for post mortem examination.