SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appellant by sole appellant Shankar Sigh is directed against the judgment and order dated 20/6/1987 passed by Xth Additional Sessions Judge Munger in Session Case No. 6 of 1984 convicting and sentencing appellant to undergo rigorous imprisonment for life under Section 302. Indian Penal code (in shot TIPCT) and rigorous imprisonment for three years under section 27.Arms Act. Both the sentences have been ordered to run concurrently.

(2.) The case of the prosecution as stated in the FIR (Exhibit-3), is that on 16/6/1985 at about 5 p.m. an altercation took place between the appellant and Ramakant Singh (PW9). The appellant, in course of altercation, went to his house and brought a rifle and ran to assault Ramakant Singh. Deceased Lallan Singh, nephew of informant Madan Singh (PW 5), who was standing there, ran to catch hold of appellant in order to save Ramakant Singh but appellant fired at him from his rifle causing injuries on his, chest. Lallan Singh after receiving injuries, fell down and blood started oozing out from his injuries. Informant and others took injured Lallan Singh to village Barhaiya where he was given first aid by Dr. Ram Awadhesh Singh who advised informant and others to take Lallan Singh to Patna because his condition was serious. While Lallan Singh was being taken to Patna, on a hired vehicle, he succumbed to injuries in the way. The dead body of Lallan Singh was brought to Barhaiya Police Station where informant lodged an FIR on 17/6/1985 at about 4.15 a.m.

(3.) It appears that Birendra Mahto (PW 7) on 16/6/1985 at about 17.30 hours, when he was posted as Incharge of Pipariya Police Outpost within Barhaiya Police Station, received an information that one person had received firearm injuries at Malpur village and family member of infllred bad taken the injured to Barhaiya hospital. After recording this information in station diary, he alongwith armed forces proceeded for village Malpur and he reached there at 18.00 hours where he recorded the jardbeyan of Dewa Devi (PW 11), in her jardbeyan (Exhibit-5). Dewa Devi stated that on the same day in the evening, the mother of Ramakant Singh and mother of appellant were quarreling with each other regarding the property of Most. Ramsahki Devi and she, on hearing huzza, came out of her house and pacified the matter but sometime thereafter, mother of Ramakant Singh and mother of appellant again started quarreling with each other and on hearing hulla, she again came there and by that time, her grandson Lallan Singh had also reached there who was simply watching the quarrel. Thereafter, the appellant brought a gun from his house and fired at Lallan Singh who, after receiving injuries, fell down. The villagers took Lallan Singh on a cot to Barhaiya for treatment and appellant fled away. She further stated that during the scuffle, the appellant and his mother assaulted the mother of Ramakant Singh with fists and two days prior to this also, they both ad assaulted the mother of Ramakant Singh with fists. On the day of occurrence, the mother of Ramakant Singh, who was sitting on a cot after assault by appellant and his mother, fell down and died but Dewa Devi was not sure whether she died on account of assault or because of heart failure. Birendra Mahto sent the jardbeyan of Dewa Devi to Barhaiya Police Station for lodging FIR and inspected the place of occurrence. He also prepared inquest report of the dead body of Mahadevi, mother of Ramakant Singh but because on 16/6/1985, by the time he prepared the inquest report, it was night therefore, to the next day, that is on 17/6/1985, he sent the dead body of Mahadevi to Munger Sardar Hospital through Constable Ramashwar Mahto and Chaukidar Bachchu Mahto for post mortem. On 17/6/1985, Md. Hasnain PW 14, the then Officer-in-Charge of Barhaiya Police Station came to place of occurrence and informed Birendra Mahto that he had already taken up the investigation. On this information, Birendra Mahto left the investigation and entrusted the matter to Md. Hasnain. The Police, after investigation, submitted charge sheet under Sections 302/34, IPC and Section 27, Arms Act against the appellant and Dayarani Devi, the mother of appellant.