RAM CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal No. 46 (DB) of 1989 filed by Ram Chandra Singh and Bharath Singh and Cr. Appeal No. 75 (D. B. ) of 1989 filed by Kashi Singh have been heard together as both the appeals arise out of common judgment of conviction and order of sentence dated 1.02.1989 passed by the learned Sessions Judge, East Champaran, Motihari in Sessions Trial No. 39 of 1986 by which the appellants Ram Chandra Singh and Bharat Singh have been convicted and sentence to undergo rigorous imprisonment for life under Section 302/34 of the I. P. C. and the appellant Kashi Singh has been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of the I. P. C.

(2.) The prosecution case, in brief, is that on 17.08.1980 at 5.00 P. M. there was a Panchayati on account of dispute between Ambika Singh and Ram Chandra Singh (appellant) for money matters. In the midst of the Panchayati, Kashi Singh, Ramchandra Singh and Bharat Singh ordered to kill on which Kashi Singh fired with his gun at Ram Lakhan Singh (deceased) as a result of which, he fell down. He was carried on the cot to Dhaka State Dispensary, but the doctor was not available. In course of taking to another doctor, he succumbed to his injury. The occurrence was witnessed by Bindhyachal Singh (P. W. 6), Ram Agya Singh (not examined), Sant Lal Singh (not examined) and Bhola Singh (P. W. 1). The fardbeyan (Ext. 2) was recorded by the officer-in-charge of Chiraiya police station on 17.08.1980 at about 8.30 P. M. On the basis of aforesaid fardbeyan, Chiraiya P. S. Case No. 6 dated 17.08.1980 was registered. After investigation, charge-sheet was submitted. Cognizance was taken. The case was committed to the court of sessions. The charge under Section 302 of the I. P. C. was framed against the appellant Kashi Singh and charges against Ram Chandra Singh, Bharat Singh and Rishideo Singh were framed for the offence punishable under Sections 302/34 of the I. P. C. to which they denied and claimed to be tried. After the trial, all the appellants have been convicted and sentenced, as aforesaid and the accused Rishideo Singh was acquitted by giving him the benefit of doubt.

(3.) The defence of the accused is that they are innocent and they have not committed any offence. They have been falsely implicated in this case due to previous enmity with the deceased and his family members.