RAMNANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the judgment and order dated 28.2.1994 passed by 2nd Additional Sessions Judge, Munger, in Sessions Trial No. 138 of 1980. They have been heard together and are being disposed of by this judgment.

(2.) APPELLANTS in Cr. Appeal No. 103 of 1994 have been convicted for the offence under section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. Bankey Singh, Ramashray Singh, son of Deoki Singh, Suresh Singh, Ram Charitra Singh, Ram Subhag Singh and Ramautar Singh have further been convicted for the offence under section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and rest of the appellants have been convicted for the offence under section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. Appellant in Cr. Appeal No. 153 of 1994 has been convicted for the offence under section 302. of the Indian Penal Code and sentenced to undergo imprisonment for life. He has further been convicted for the offence under section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years. The sentences were ordered to run concurrently.

(3.) ONE Dhanik Singh son of Nemu Singh gave his fardbeyan on 25.11.1974 at about 8 A.M. at the police station Barahiya that in the preceding month of Baisakh he gave six mounds of milk costing Rs. 350/ - to Ram Kishore Singh @ Bouku Singh on the occasion of thread ceremony of his nephew on credit. He used to demand the price of the milk but Ram Kishore Singh used to evade the payment of price of the milk. On the preceding Sunday at about 6 P.M. while Ram Kishore Singh was sitting at the door of Bishundeo Singh, he demanded price of the milk from him but he refused to pay and abused him. He returned back. On 25.11.1974 at about 6 A.M. when he, his father, his brother Nageshwar Singh, Bachi Singh, Bhagwan Singh, Balmiki Singh, Baban Singh and the neighbour Judgal Singh, Bilayati Singh and Ramnandan Singh were sitting in the Dalan all on a sudden 25 accused persons including the appellants variously armed with gun, pistol, arrow, Bhala and Lathi came there. Ram Kishore Singh started abusing and Kiter Singh ordered to assault on which Jai Prakash Singh fired his gun causing injury to his brother Nageshwar Singh. Ram Kishore Singh also fired causing injury to Nageshwar Singh. He fell down and died. Bilayati Singh, Jugal Singh, Markenday Singh and villagers Tolu Singh, Rajo Singh, Hanuman Singh, Narayan Singh and others intervened on which Arjun Singh fired causing injury to Bilayati Singh and Ram Sagar Singh fired causing injury to Tolu Singh. Ramashray Singh, Shyamdeo Singh and others pelted brickbats causing injury to his father, Nemu Singh, his brother, Bhagwan Singh, Bachi Singh, Balmiki Singh, Baban Singh and also villager Jugal Singh. Shyamdeo Singh shot arrow but it did not hit anybody. Ramashray Singh also exploded bomb but it also did not hit any body. The accused persons tried to take away the dead body. He and others pelted brickbats in defence and raised alarm then the accused persons fled away towards west. The injured were taken to hospital. He and his brothers Bachi Singh and Bhagwan Singh went to Barahiya police station and on his statement fardbeyan was recorded.