SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants, four in number, before us are aggrieved by the judgment and order dated 21.9.1987 rassed by the 14th Additional Sessions Judge, Munger, in Sessions Trial No. 6/85 convicting the appellant Shankar Singh under Section 302 of the Indian Penal Code (in short, IPC) but sentencing him to undergo imprisonment for life under Section 302 IPC as well as under Section 302/34 IPC and convicting and sentencing the remaining three appellants to undergo imprisonment for life each under Section 302 read with Section 34 IPC.

(2.) THE case of prosecution as stated in the Fardbeyan (Ext. 2) of informant Sudhir Pd Yadav (PW 1), in short, is that on 17.8.1984 at about 3 p.m. the informant along with his villagers namely, Damodar Pd Yadav (PW 1), Brahmadeo Yadav (PW-2) and Janardan Pd Yadav (PW-3) was easing out at 'Nauka Ahra'when he saw his villager deceased Ram Bilas Yadav was returning to his house in village Sanpo from village Sahora after cultivation along with two bullocks and when he reached near Nauka Ahara all the appellants surrounded him and started abusing him saying that why he was taking the bullocks through their field and on this point an altercation took place and appellant Shankar Singh who was armed with 'bhala', gave a bhala blow on the chest of Ram Bilas who after receiving injury fell down and blood stated oozing out from the injury. THEreafter remaining three appellants assaulted him with lathis and some time thereafter Ram Bilas Yadav died at the spot. On 'hulla', appellants fled away towards their houses and occurrence was seen by PWs. 1, 2 and 3 and on 'hulla', villagers came there running and they also saw the deceased dead and they were told about the occurrence by informant and PWs. 1, 2 and 3. About the motive of the occurrence the informant has stated that it was on account of taking the bullocks by deceased through the field of appellants. Fardbeyan of informant was recorded on the day of occurrence at about 11 p.m. by SI Kedar Nath Singh (PW-5). On the basis of fardbeyan of informant a case under Section 302/34 IPC was registered against all the four appellants and charge sheet was submitted, cognizance of the case was taken and the case was committed to the Court of Session where charge under Section 302/34 IPC against all the appellants and a separate charge under Section 302 IPC against appellant Shankar Singh were framed.

(3.) IN order to prove its case the prosecution has examined six witnesses in this case. Sudhir Pd Yadav (PW-4) is the informant. Damodar Pd Yadav (PW-1), Brahmdeo Yadav (PW-2) and Janardan Yadav (PW-3) are said to be eye-witnesses to the occurrence. Dharmraj Roy (PW-6) is the doctor who had held autopsy on the dead body of deceased. Kedar Nath Singh (PW-5) is the 1.0. in this case.