BHARAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and sentence passed by the learned Additional Sessions Judge-XIII, Patna on 19.9.1987 in Sessions Trial No. 839 of 1986 under Sections 302/341.P.C. and Section 27 of the Arms Act. Both the appellants, namely, Lakshman Singh and Bharat Singh, have been convicted and sentenced to life imprisonment under Sections 302/34 I.P.C.. The appellant, Lakshman Singh has further been convicted and sentenced to rigorous imprisonment for two years under Section 27 Arms Act with a direction to run his sentences concurrently.

(2.) THE case of the prosecution as emerged out of First Information Report lodged by the informant, Tulsi Singh, alleging inter alia that in the morning of 2.3.1986 at about 8.30 a.m. after purchasing some articles from the village shop his brother Jugeshwar Singh was returning to his house. When he arrived in front of the Varandah of one Nathuni Singh, the appellant, Lakshman Singh opened fire from his country made pistol at him and he fell down on the ground. On his instigation his brother appellant, Bharat Singh knifed Jugeshwar Singh brutally on the different parts of his body. On the out-cry of the informant villagers assembled and the appellants made good escape from the place of occurrence. This occurrence of murder was witnessed by the witnesses, Sachidanand Singh, P.W. 7 and Ram Krit Singh, P.W. 2 and many others. THEreafter, the injured Jugeshwar Singh with the help of villagers was taken to Maner Hospital for treatment. He died on the way and was brought to the Maner Police Station.

(3.) THE accused-appellants pleaded their innocence and false implication out of enmity. THE specific defence of the appellant, Bharat Singh, was a plea of alibi and the ground of minority on the alleged date of occurrence.