KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though appellants along with Mahadeo Singh (deceased) stood charged under Section 307/149 of the Indian Penal Code, the trial Court having found them not guilty on that count rendered verdict of guilt against Mahendra Singh under Sections 324 and 148 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of two years on the first count, and one year on the second count. The appellant Nos. 2 and 3 suffered conviction under Sections 323 and 147 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a term of six months on each score. Appellant No. 4 suffered conviction under Section 147 of the Indian Penal Code simplicitor and was sentenced to suffer rigorous imprisonment for a term of six months with direction that in case of those who suffered sentence on two counts, sentences would run concurrently.

(2.) The salient features of the prosecution case appearing in the fardbeyan of Rajdeo Singh (P.W. 11) and also occular account given by the witnesses are that at about mid-day on 5/07/1981 while Rajdeo Singh was taking meal in the house, he was informed by Nawlesh Sharma (P.W. 13) about Mahadeo Singh and other appellants demolising marks of identification from plot No. 913. It was alleged that after said Rajdeo Singh visited place, he noticed appellants removing Nad and Khuta, and on resistence, on exhortion made by Mahadeo Singh, Raj Kishore Singh fired shots, though aim was lost. It was alleged that Mahadeo Singh and Vijay Singh dealt blows with garasa on him for which he suffered injuries on his head. Similar accusations were attributed to Sri Kumar Sharma and Jugal Kishore Sharma about dealing blows with hard blunt substance on Raj Kishore Singh. Jugal Kishore Singh and Shri Singh had been saddled with allegation of dealing blows with hard blunt substance on Shyam Singh, who suffered injuries at their hands, when they came for rescue of his family members. After prosecution was launched on behest of Rajdeo Singh, usual investigation commenced, in course of which police recorded statement of witnesses, visited place of occurrence, referred injured to doctor for their clinical examination and on conclusion of investigation, laid charge-sheet before the Court.

(3.) Defence of the appellants before the Court below and also this Court was plain denial of entire allegations and claimed innocence. The allegations attributed to appellants were countered by them, also on premises that in the same transaction some of them suffered injuries on their persons and Ram Binay Singh having suffered fatal injuries succumbed to them. The land dispute between the parties was also taken to be a ground for their alleged false implication. The trial Court, however, on consideration of testimony of witnesses and contentions raised at bar, finding appellants guilty recorded verdict of guilt and sentenced them, in the manner stated above.