SHASHI BHUSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31.8.87 passed by 1st Additional Sessions Judge, Patna in Sessions Trial No. 942/86 convicting and sentencing Appellant Satendra Singh to undergo imprisonment for life under Section 302 of the Indian Penal Code (in short, IPC) and Appellant Shekhar Singh to undergo imprisonment for life under Section 302/109 I.P.C. Appellant Satendra Singh has been further sentenced to undergo imprisonment for life under Section 302/109 IPC. Appellant Satendra Singh has been further sentenced to undergo R.I. for 3 years under Section 27 Arms Act and both the sentences passed against him have been ordered to run con -currently.

(2.) THE case of prosecution in short is that on 30.5.86 at 7.30 PM informant Sant Kumar Singh (P. W. 7) along with his brother Anshuman Singh (P.W. 8), his cousin Naresh Prasad Singh (P.W. 1) his nephew Upendra Singh (P.W. 2) and his wife Mahangi Devi (P.W. 3) was sitting in the courtyard of his house. His younger son Barun Kumar @ Lali was reading in the light of a lantern by sitting on floor in the eastern 'Osara ' (Verandah) of the house. At that time both the Appellants came in the courtyard of informant and inquired about Shambhu Prasad Singh (P.W. 9), elder son of informant and when the informant said that he had gone to ease out both the Appellants went in the verandah of informant where Appellant Satendra Singh @ Shashl Bhushan Singh opened fire from his country made pistol on Barun Kumar @ Lali. on receiving injury Barun Kumar @ Lali raised alarm and informant immediately ran to the verandah where he found bleeding injury on the left side of chest of Barun who after some time died there and both the Appellants fled away towards northern side. Informant sent information of incident to Kharbhaiya camp from where police came and his fardbeyan was recorded. About the genesis of occurrence informant in his fardbeyan has said that at the time of Holi a Lukka ' (fire lamp) thrown by Shambhu Prasad Singh had fallen in the paddy seedling of Appellant Satendra Singh on which some altercation took place between Shambhu Prasad Singh and Satendra Singh. Police after investigation submitted chargesheet against both the Appellants who were put on trial and after the trial they were found guilty and convicted and sentenced as stated above.

(3.) ALTOGETHER 15 witnesses have been examined on behalf of the prosecution Sant Kumar Singh (P.W. 7) is the informant Dr. Chandreshwar Prasad (P.W. 10) is the doctor who had held post mortem examination on the dead body of deceased. Ram Naresh Singh (P.W. 1), Upendra Singh (P.W. 2) Mahangi Devi (P.W. 3) and Arjun Singh (P.W. 4) have not supported the case of prosecution and they have been declared hostle Sitaram Mistry (P.W. 11) and Chandeshar Paswan (P.W. 12) are tendered witnesses Suresh Pd. Singh (P.W. 6) is a seizure list witness in whose presence the police had seized blood stained soil, blood stained book and exercise books from the place occurrence and one 'Fasult from the (sic) near the house of informant. Sudhir prasad Singh (P.W. 5), Anshuman Singh (P.W. 8) and Shambhu Prasad Singh (P.W. 9) hearsay witnesses who were told by (sic) that Appellants had committed murder of deceased. Out of these witnesses Anshuman Singh (P.W. 8) is also a fitnesses of seizure list when police seized od stained soil and blood stained books and exercise books from the place of occurrence. Bandhu Mahto (P.W. 13) and (sic)anesh Dutta (P.W. 15) are investigating officers of this case. Ram Deo Paswan (P.W. 14) is a Chaukidar who had informed about the occurrence at Kharbhaiya camp.