NAGINA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conViction and sentence passed on 26th March 1997 in Sessions Trial No. 794/ 89 by the learned Additional Sessions Judge. Naugachia, District - Bhagalpur. The appellant, Nagina Singh has been convicted under Sections 302/ 109/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life. The appellant, Jharo Singh has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life. He has further been convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for 2 years. The sentences awarded to the appellant. Jharo Singh have been ordered to run concurrently.

(2.) The occurrence took place at about 11 a.m. on 24-8-1989 in Rajwara Bahiyar of village Paschimi Gharari, P.S. Kharik, District Bhagalpur, On the alleged date the informant. Bipin Kumar Singh alias Bablu Singh, PW 5. alongwith his father. Sada Nand Singh, from 8 a.m. was getting his Kheri crops harvested by the lady labourers in his field. Rajwara Bahiyar, north to the Railway line. At about 11 a.m. the accused, Jharo Singh. Nagina Singh. Rakesh Singh with three nuts and Mushan Singh and Putali Singh with lathi and three nuts came in his field and objected to Sada Nand Singh from harvesting the Kheri crops. In the mean time, the accused, Mushan Singh; gave a lathi blow on the head of Bipin Kumar Singh alias Bablu Singh, the informant. PW 5. Thereafter, all the five accused encircled Sada Nand Singh and Nagina Singh, ordered to shoot him whereupon Jharo Singh tired from his three nuts which hit Sada Nand Singh in his abdomen and he fell down injured on the ground. Then the accused persons fled away towards eastern direction. Thereafter, Mathuri Singh, PW 4, the uncle of the informant who was present in his nearby Rasa and Bindeshwari Singh. PW 1, who was cutting grass in the nearby field arrived saw the occurrence and also the fleeing accused persons from the place of occurrence. Besides them the labourers engaged in harvesting the Kheri crops also saw the occurrence. Further case of the prosecution is that thereafter Mathuri Singh, the uncle of the informant brought a cot from his basa and while Sada Nand Singh was being removed to Telghi hospital for treatment he died on the way near the place of Mahant Baba. The motive behind the occurrence has been alleged to be the land dispute in between the accused. Nagina Singh and the deceased Sada Nand Singh. The dead body of the deceased was left there and the informant. Bipin Kumar Singh alias Bablu Singh, PW 5. went to the police station. On the same day Le. 24-8-1989 at 1.30 p.m. the informant. Bipin Kumar alias Bablu Singh. PW 5. gave his jardbeyan (Ext. No. 1) before the Sub-Inspector of Police of Kharik Police Station. His Iardbeyan was forwarded to the Officer Incharge of Naugachia P.S. for institution of a case. On the basis of which a formal FIR (Ext. No. 3) was drawn up and Naugachia (Kharik) P.S. Case No. 179 dated 24-8-1989 was registered against all the five accused persons under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The police switched over to investigation and on completion of the investigation, of the case all the five accused persons were charge sheeted for trial under Sections 302/34. IPC and Section 27 of the Arms Act After observing the legal formalities they were put on trial before the learned Additional Sessions Judge. Naugachia Bhagalpur. The learned trial Judge acquitted the accused Rakesh Singh. Putali Singh of the charge under Sections 302/34 of the Indian Penal Code and the accused Mushan Singh alias Shankar Singh of the charge under Sections 302/34 and 323 of the Indian Penal Code framed against them. But convicted and sentenced the accused appellant? Nagina Singh and Jharo Singh, in the manner indicated above. Hence, they have preferred this appeal.

(3.) The appellants have pleaded their innocence and false implication in this case at the instance of Bindeshwari Singh, PW 1 and Mathuri Singh, PW 4 the uncles of the informant. Bipin Kumar Singh, alias Bablu Singh, PW 5. Their specific defence is that at the relevant hour of occurrence when Sada Nand Singh along with three labourers had been in the P.O. land to forcibly harvest their Kheri crops. a pistol kept by him in his waist misfired which hit in his abdomen and by taking the advantage of this situation this false case was launched against them. In support of their defence four witnesses have been examined.