JADU SINGH; BHUDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As students of Ramdaspur had quarrelled with brother and nephew of Birendra Singh (PW 1) and had threatened them for assault, allegedly Birendra Singh in the company of Shibu Singh, (deceased), took Dilip Singh and Kishore Singh, the two boys, who were students of that school, to Keshopur Middle School, and after having dropped them there, when he was returning via village Ghurmuriya and had reached near a jackfruit tree, Bhudeo Singh having bomb, Ram Singh, Kishto Singh, Jagdish Singh, Jato Singh and Gopal Singh holding pistols and Shyam Sunder Singh, holding gun, emerged from a nearby place and intercepted them, pursuant to which Bhudeo Singh lobbed a bomb which hit Shibu Singh on back, who dropped on the ground on receipt of injuries sustained by him. Allegedly, Jadu Singh too hurled bomb on him, splinters of which caused injury on both legs, and only after villagers including Shankar Singh, Tetar Singh and Sunil Singh had raised alarm, and people of village Keshopur had reached the place of occurrence, that the appellants made good their escape. As Shibu Singh was in pool of blood and was rolling in pains, he was carried to hospital where he succumbed to the injuries. The prosecution case with these allegations was launched by the brother of the deceased who had accompanied him, pursuant to which investigation commenced. During investigation. Police Officer took all necessary steps to ascertain bona fide of allegations, visited place of occurrence, sent the dead body of Shibu Singh to mortuary for most-mortem examination and also sent Birendra Singh for his clinical examination by the doctor, recorded statement of witnesses and on conclusion of investigation, laid charge sheet before the Court.

(2.) In the eventual trial that commenced. State had examined altogether nine witnesses and those examined by the State were injured, Sunil Singh and Shankar Singh, who had rushed to the place of occurrence on hearing loud explosion of bomb. Police Officer and also other witnesses. Appellants while admitting the occurrence that took place on 24th May, 1984, disputed contention raised on behalf of the prosecution, taking recourse to police case bearing Jhajha P.S. case No. 60 of 1984 instituted by Jado Singh, one of the appellants, against Shankar Singh, Sunil Singh and others, for causing injury to Jagdish Singh, Sato Singh, Shyam Sunder Singh and others, and the appellants, as such, placing counter version of the incident on the record, had negatived allegations attributed to them, alleging inter alia that Shibu Singh while carrying a bomb on his back, sustained injuries by its explosion and that is also the statement of Jado Singh recorded under Section 313 of the Code of Criminal Procedure. In the same fashion, Bhudeo Singh, one of the appellants in his statement rendered under Section 313 of the Code of Criminal Procedure, while negativing accusations attributed to him, sought to highlight his false implication, he being a witness in murder case registered against Surendra Singh for killing of Bhim Singh, and similar reasonings were assigned in case of other appellants too, as that of Jaddu Singh for the injuries sustained by Shibhu Singh.

(3.) Lot of contentions were sought to be raised on behalf of the appellants to assail the findings recorded by the Court below. However, before we give our due consideration to them, which in our view, deserves consideration, we consider it proper and desirable to analyse also the evidences placed on the record on behalf of the State, with brevity, as these evidences have been broadly spelt out in the judgment of the Court below.