KANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Balmiki Singh, Ram Briksha Singh and Sidheshwar Singh have been convicted under section 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years each. Appellants Shri Kant Singh, Satish Singh, Anuj Singh alias Bajo Singh, Arun Singh and Upendra Singh have been released under the provision of Probation of Offenders Act and have been directed to execute a bond of Rs. 2000/ - to keep peace and tranquility for a period of one year.

(2.) THE prosecution case, in short, is that the informant Badri Singh gave his Fardbeyan before the police at Akbarpur Hospital at 9.00 P.M. of 24th April, 1987, stating, inter alia, that while he was returning his home from his school at about 4.30 P.M. and when he reached near the field of onion situated at Govindpur, he saw one she goat of Ramswaroop Singh was grazing in the field. It has been stated that he wanted to catch the goat but in the meantime the appellants forcibly armed with weapons came there and surrounded him. It has been stated that Ram Swaroop Singh and Ram Briksha Singh were armed with Garasa and appellant Upender Singh and appellant Satish Singh were armed with Saif and the other appellants were armed with Lathi. Ramswaroop ordered to kill the informant Badari Singh whereupon Ram Briksha Singh assaulted him by means of Garasa. Appellants Anuj Singh and Upender Singh assaulted him with Saif and Satish and Balmiki Singh assaulted him with Garasa on his head. The informant fell down and thereafter the other appellants also assaulted him with Lathi. It has been stated that when his brothers Dashrath Singh and Brijnandan Singh came to save him, they were also assaulted. It has been further alleged that appellant Ram Briksha Singh took away Rs. 500/ - from the pocket of the informant. Thereafter the injured were taken to hospital and on the basis of the Fardbeyan first information report was drawn up. The police after completion of investigation submitted charge sheet against the appellants. Accordingly cognizance was taken and case was committed to the court of sessions where the trial concluded with the result as stated above. The appellants pleaded not guilty.

(3.) THE informant P.W. 2, Badari Singh has fully supported the case of the prosecution, as narrated in the Fardbeyan. According to him on 24.4.87 while he was returning from his school and he reached near the field of onion he saw one she goat of Ram Swaroop Singh was grazing in the field. He wanted to catch the goat but in the meantime all the appellants variously armed came and assualted him. He fell down and became unconscious. He has also stated that Ram Swaroop ordered to kill him and thereupon the other appellants assaulted him. According to him, when his brother Dashrath and Brijnandan came to save him they were also assaulted by the appellants. The witnesses came and he along with two brothers was taken to hospital where they were treated and his fardbeyan was recorded by the S.I. of Police at Akbarpur Hospital at 9 P.M. P.W. 1 has also supported the case of the prosecution. According to him, when he was reading the news paper at his Baitheka, he heard Nulla. He hurriedly went to the onion field. He saw the appellants assaulting his brother Badari with Garasa, Saif and Lathi. According to him, when he and his brother Brijnandan went to save him they were also assaulted by the appellants with Saif which cut his left little finger. He has also stated thet appellant Anuj assaulted twice with a Saif which injured his wrist joint and also right hand and head. According to him, the reason behind the occurrence was thet the goat of Ramanuj Singh entered in his field and when the informant, his brother Badari caught hold of goat and he was taking it to Kanji House the appellants came and they were assaulted. The injured Brijnandan has also supported the version of the informant and injured P.W. 1 Dashrath. The investigating officer of the case has also stated thet he visited the place of occurrence and also he recorded the Fardbeyan of the informant in the hospital and prepared injury memo of the injured persons. He has given the full description of the place of occurrence. According to him, he did not find blood stains in the field.