SHAYAM NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appellants who are full brothers were tried by the 4th Additional Sessions Judge, Gaya in Sessions trial No.35/88, 559/86 in respect of murder of Surji Devi allegedly committed on 11th of March. 1986 in village Akhanpur, P.S. Tekari, District-Gaya and they have been convicted under S. 302 read with 34 I.P.C. and sentenced to undergo rigorous imprisonment for life.

(2.) The case of the prosecution as presented before the Court through witnesses may be briefly stated. On 11-3-1986 Mungeshwari Devi (since dead) along with her daughter Surji Devi (the deceased) had gone to her land in Bagicha Baghar for harvesting Masuri crop. At about 5.30 p.m. Surji Devi began to make bundles of the harvested Masuri crop. At that very time these three accused suddenly came there from north direction. Accused Shayam Nandan Singh was armed with a Pasuli and he asked Surji Devi not to remove the bundles of Masuri crop and they caught hold of the Masuri bundles. Thereafter they felled down Surji Devi the deceased on the ground and tried to rape her. Surji Devi - the deceased raised alarm. But accused Brijnandan Singh and Jainandan Singh caught hold of her arms and accused Shayam Nandan Singh cut her neck with Pasuli and thereafter the accused persons fled away. On hearing alarm P.Ws. Suba Yadav, Ram Lakhan Yadav, Karu Yadav, Kameshewar Yadav and Birja Yadav ran towards the place of occurrence. P.Ws. Suba Yadav, Ram Lakhan Yadav, Kameshwar Yadav and Birja Yadav saw the accused persons fleeing away. On reaching to the place of occurrence P.Ws. found the dead body of Surji Devi the deceased, lying on the ground with injury, her neck in pool of blood. Mungeshwari Devi (since dead) narrated about the occurrence to these P.Ws. and thereafter Mungeshwari Devi went to the Police Station along with these P.Ws. and Chaukidar Brij Kishore Paswan (not examined) to lodge information.

(3.) On the statement of Mungeshwari Devi (since dead) P.W. 8 Suresh Singh recorded the first information report (Exhibit 2) on the same night, i.e. on 12-3-1986 at 1. 30 a.m. After usual investigation the police submitted charge-sheet against the accused. Thereafter the case was committed to the Court of Session and the trial proceeded.