SHIVNANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Shivnandan Singh has challenged the judgment of conviction dated 21.04.2005 and order of sentence dated 26.04.2005 passed by Additional Sessions Judge, Fast Track Court No.V, Munger in Sessions Case No.336 of l995 whereby the appellant has been held guilty under Section 302 of the Indian Penal Code and 27 of the Arms Act and has been convicted thereunder and has been sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5000/- and in default of payment of fine to undergo rigorous imprisonment for six months under Section 302 of the Indian Penal Code and has further been sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently.

(2.) Fardbeyan (Ext.1) of Mahesh Prasad Singh (P.W.1) was recorded at his house by ASI Barhama Singh on 30 th January, 1994 at 3.50 A.M to the effect that on preceding night at about 7-8 P.M. quarrel ensued between Ramsewak Singh (P.W.2) and Shivnandan Singh (the appellant) for Bathan of cattle. Both tried to overpower each other for assaulting and on hearing hulla several villagers assembled there and tried to intervene and pacify. In the meanwhile, the informant and his younger brother Niranjan Singh arrived there and on seeing them, Shivnandan Singh fired from his country made gun which caused injury upon the right chest of Niranjan Singh. The injured was being carried to Hospital for treatment on a cot but as soon as reached at a distance of half kilometer the injured Niranjan Singh succumbed to his injury. The motive of the occurrence as stated in the fardbeyan is that Niranjan Singh used to do the work of Ramsewak Singh and he also used to milk his cattle which was not being liked by Shivnandan Singh and on account of that Niranjan Singh was fired upon and killed. The fardbeyan resulted in a formal F.I.R. of Tarapur P.S.Case No. 13 of 1994. The investigation proceeded and in course of investigation, the inquest report of dead body (Ext.2) was prepared and post mortem report (Ext.3) was also obtained. The statements of the witnesses under Section 161 of the Code of Criminal Procedure was recorded, the place of occurrence was inspected and after completion of investigation, chargesheet was submitted. Thereafter the case was committed to the court of session where charges under Sections 302 of the Indian Penal Code and 27 of the Arms Act were framed and explained to the accused to which he pleaded innocence. Hence trial proceeded.

(3.) The defence of the accused was of false implication and also that he had no intention to cause death of Niranjan Singh.