JAG DAYAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) AT the outset it may be recorded that this Appeal was filed by three appellants including Jag Dayal Singh but this court having been informed about his death, a report from the Superintendent of Police, Rohtas was called and as per the report of the Superintendent of Police, Rohtas, having confirmed his death, this appeal abated as against appellant Jag Dayal Singh. Out of the rest two appellants, Ishwar Dayal Singh has been convicted under Section 304 Part II of the Indian Penal Code (hereinafter referred to as 'the Code ') and has been sentenced to undergo rigorous imprisonment for ten years. Appellant Ganga Singh has been convicted under section 326. of the Code.and has been sentenced to undergo for the same period of rigorous imprisonment.

(2.) FIRST information report dated 28.9.1984 was registered on the statement of Sidha Nath Singh (P.W.4) who had stated that on the same day at about 7.00 A.M. his father when had come back after easing himself in the field, Jag Dayal Singh armed with Farsa asked him to file an affidavit in the court in the case in which father of informant was a witness. On his refusal to do so Jag Dayal Singh abused him and called his people at which appellant Ishwar Dayal Singh, with lathi, appellant Ganga Singh with Farsa and two others with lathi and Faruhi came and on order of Jag Dayal Singh they assaulted him. Jag Dayal Singh himself assaulted his father with Farsa which hit his right hand and appellant Ganga Singh gave a Farsa blow which hit the finger of his left hand whereas appellant Ishwar Dayal Singh hit him on his head with lathi. Father of the informant having fallen down, two other accused, namely, Dudheshwar Singh and Kesha Devi, who did not face trial also assaulted him with lathi and Faruhi. Brother of the informant, also named Ishwar Dayal Singh (P.W.1), came running from the house on hulla with lathi along with his wife Manorma Devi (P.W.2) and when he wanted to chase away the accused, they also attacked him in which process the accused side also suffered some injuries. The father at about 2.00 P. M. expired whereafter somehow the informant (with his brother) came to the Police Station. It has claimed that the tiles of the roof were also damaged by the accused.

(3.) THE defence of the appellant, in the trial court, was that young daughter of the deceased was married to a middle aged man which was opposed to by the accused persons for which reason the informant side held a grudge against them and, therefore, falsely implicated them. From the suggestions thrown to the witnesses it will also appear that the defence has claimed that none of the witnesses knew where, when and how the deceased was assaulted and killed but they have woven out a story against the appellants.