RAM TABAKYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.9.1991 rendered by IV Additional Sessions Judge, Aurangabad, in Sessions Trial Number 90/87/2/1988. Appellant Ram Tabkya Singh and Ram Balak Singh were convicted under Section 148, IPC & 27 of the Arms Act and they were sentenced to undergo R.I. for two years and three years respectively. Accused-appellants Ram Nandan Singh, Ram Pravesh Singh, Ram Ekbal Singh, Ram Swarup Singh, Santosh Singh, Satyendra Singh, Kamdeo Singh, Sudama Singh and Ram Tabkya Singh son of Raja Ram Singh were convicted under Section 452, IPC and they were sentenced to undergo R.I. for three years. Accused-appellants Ram Nandan Singh, Ram Pravesh Singh, Ram Ekbal Singh, Ram Swarup Singh, Kamdeo Singh, Sudama Singh & Ram Tabkya Singh son of Raja Ram Singh were further convicted under Section 148, IPC and sentenced to undergo R.I. for two years. Accused-appellants Ram Ekbal Singh, Santosh Singh & Satyendra Singh were convicted under Section 147, IPC and sentenced to undergo R.I. for one year.

(2.) Accused-appellants Ram Nandan Singh, Ram Pravesh Singh, Ram Swarup Singh, Satyendra Singh, Kamdeo Singh and Ram Tabkya Singh son of Raja Ram Singh were further convicted under Section 324, IPC and sentenced to undergo R.I. for two years. Accused- appellants Ram Ekbal Singh, Santosh Singh and Satyendra Singh were further convicted under Section 323, IPC and sentenced to undergo R.I. for one year.

(3.) The Prosecution case was based on the written report of Bishnudeo Sharma, alleging therein that on 31st July, 1985 at 8 p.m. the informant and his other relations namely, Ganauri Singh and Ram Bilash Singh were resting on their cots and were listening to the radio programme. Suddenly, accused-appellants along with two others appeared at the darwaza of the informant. Ram Balak Singh was armed with pistol and RamTabkya Singh son of Mathura Singh was armed with double barrel-guns. Other persons were armed with lathi and bhasuli. The informant and his brothers were subjected to assault with the weapons, the accused-appellants and his other members of the unlawful assembly were armed with. The injured persons tried to save themselves by straying into the nearby paddy and chilly fields. The cause of the occurrence as alleged in the written report was that the accused wanted to purchase the land belonging to Jagdish Pandey and since they failed to purchase the same they committed the alleged occurrence.