INDERDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 9th August 1991, passed by the 6th Additional Sessions Judge, Rohtas at Sasaram, in ST. No. 251 of 1986, whereby appellant Inderdeo Singh was convicted u/s 307. I.RC. as also u/s 27 of the Arms Act and he was sentenced to undergo R.I. for ten years and one year respectively, both sentences running concurrently. Appellant Ram Kawal Singh was convicted u/s 307/34 I.RC. and he was sentenced to undergo R.t. for seven years. He was further convicted u/s 27 of the Arms Act and sentenced to undergo R.I. for one year (sentences running concurrently). Appellant Satyendra Kumar Singh was also convicted u/s 307/34 I.RC. and Section 27 of the Arms Act and he was sentenced to undergo R.I. for seven years and one year respectively, sentences running concurrently.

(2.) THE prosecution case originated on the F.I.R. of Siyaram Singh (Ext -1), wherein it was alleged that on 19th May 1985, at about 3.00 P.M., he; his father Hari Narayan Singh, proceeded towards their Mill. When they reached near their Mill, suddenly the appellants confronted the informant and his other relations. The assailants were armed with firearms, such as, rifle and guns. Ram Kawal Singh ordered Inderdeo Singh for murderous assault upon the informants family members. Then Indradeo Singh fired from his rifle which hit Hari Narayan Singh on his left thigh. The informant himself was chased by Ram Kawal and Satyendra Kumar for assault, but he managed to escape. When the villagers, such as, Prem Chandra Singh, Govind Singh, Darp Narayan Singh were attracted to the scene of occurrence, the assailants took to their heels. The aforesaid occurrence was sequel to the land dispute between the parties.

(3.) ACCUSED appellants had taken the defence of false implication on account of counter or counter blast case filed by one Jang Bahadur Ram against the informant and his father etc. in which Inderdeo Singh was a witness.