BIKRAMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are three appellants in this case. Appellant no. 1, Bikrama Singh has been convicted under section 324 of the Indian Penal Code (for short 'the Code ') and sentenced to undergo rigorous imprisonment for two years. He has been further convicted under sections 148 and 149/324 of the Code and sentenced to undergo rigorous imprisonment for two years under section 148 of the Code but no separate sentence has been under section 149/324 of the Code. Appellant no. 2, Bharat Singh has been convicted under section 148 of the Code and sentenced to undergo rigorous imprisonment for one year. He has been further convicted under section 149/324 of the Code and sentenced to undergo rigorous imprisonment for two years. He has also been convicted under section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years. Appellant no. 3, Dhirendra Narain Singh has been convicted under section 147 of the Code and sentenced to undergo rigorous imprisonment for two years. He has been further convicted under section 149/324 of the Code and sentenced to undergo rigorous imprisonment for two years. He has also been convicted under section 325 of the Code and sentenced to undergo rigorous imprisonment for two years. However, the sentences have been ordered to run concurrently.

(2.) THE prosecution case, in short, is that on 4.10.84 the informant Sudarshan Singh (P.W. 6) along with his brother Sheoparshan Singh (P.W. 3), Tejbali Singh, Satya Narain Singh (P.W. 2) and Birendra Singh (P.W. 1) was sitting on his Mori near the canal culvert situated at village Kharahari at about 5.30/6.00 P.M. Meanwhile accused Bikrama Singh armed with Bhala, Bharat Singh with country made gun, Dhirendra Narain Singh with Lathi along with other 8 to 10 unknown persons who were armed with Lathis came there and they started obstructing the flow of water through the Mori (Channel). It has been alleged that on protest of the informant they started abusing him and one of the unknown person ordered Maro. Thereupon accused Bikrama Singh gave Garasa blow on the head of the informant causing bleeding injury to him. He fell down. Accused Bikrama Singh again inflicted Garasa blow but the brother of informant Sheoparshan Singh pushed Bikrama Singh aside as a result of which he was saved. Accused Dhirendra Singh gave Lathi blows to the informant as well as his brother causing injury to the right hand finger of the informant and the right hand of Sheoparshan Singh respectively. On Hulla people rushed there and saved the life of the informant. It has been alleged that the accused persons wanted to kill him. The informant was taken to Kudra by 8.00 P.M. in the same night but no doctor could be found there, therefore, he came to Sasaram so that his condition might not deteriorate. There he met the doctor in the morning of 5.10.1984 who admitted him in the hospital after examining him. His fardbeyan was recorded by Sasaram Police on 5.10.84 in the Sadar Hospital, Sasaram on the basis of which first information report was registered. The police started investigation and after completion of the same submitted charge sheet against the accused persons. Accordingly, cognizance was taken and the case was committed to the court of sessions. Ultimately the trial concluded with the result as indicated above. The appellants pleaded not guilty.

(3.) P .W. 6, the informant has fully supported his Fardbeyan and has stated that while he was sitting near his Mori along with his brother P.Ws. 1, 2 and 3, the appellants along with 8 to 10 persons came there. According to him, appellant Bikrama Singh was armed with Garasa, Bharath Singh was armed with gun and Dhirendra Narayan Singh and other co -accused were armed with Lathi. They started closing the Nali (channel) leading to his village which was protested by him. In the meantime, one of the co -accused ordered to kill him. Thereupon appellant Bikrama Singh assaulted him with Garasa on his head causing cut injury. This appellant again wanted to assault him with Garasa but the same did not hit him as his brother pushed him aside. He has further stated that the appellant Dhirendra Nr. Singh assaulted him with Lathi causing fracture to his right index finger. Appellant Dhirendra gave Lathi blow to his brother causing fracture of his right wrist. On Hulla villagers came and the appellants fled away. He was taken to Kudra Bazar but since the doctor was not available he was taken to Sasaram Hospital where the injured were treated. The police came there and recorded his Fardbey .n. P.W. 3, Sheoparshan Singh has also fully supported the version of RW. 6 and has stated that the appellant Bikrama assaulted his brother Sudershan with Farsa on his head and appellant Dhirendra gave Lathi blow causing fracture of his wrist as well as fracture of right hand finger of his brother Sudarshan Singh. P.Ws. 1 and 2 have also supported the version of the informant.