SHIV PRASAD SINGH, SON OF BHUTI SINGH; UMESH SINGH, SON OF SHIV PRASAD SINGH; KAPIL SINGH, SON OF JAGA SINGH; AKHILESH SINGH @ AKHILESHWAR SINGH SON OF JAGA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (DB) No. 42 of 2005 on behalf of Shiv Prasad Singh, Umesh Singh, Kapil Singh and Akhilesh Singh @ Akhileshwar Singh and Criminal Appeal (DB) No. 71 of 2005 on behalf of Mangroo Singh have been taken up together because both the appeals have arisen out of one judgment and order of conviction dated 03.12.2004 and order of sentence dated 07.12.2004 passed by Shri Pradeep Nath Tiwari, the learned P.O. Additional Court (F.T.C.) No. 1, Rohtas at Sasaram in connection with Sessions Trial No. 18/104 of 1985/2001, whereby all the accused namely, Mangroo Singh, Kapil Singh, Akhileshwar Singh, Shiv Prasad Singh, Umesh Singh have been sentenced to undergo RI for life under Section 302/ 149 of the IPC and also the accused Akhileshwar Singh sentenced to undergo imprisonment for life under Section 307 of the IPC and further the accused Akhileshwar Singh and Mangroo Singh were sentenced to undergo imprisonment for three years under Section 27 of the Arms Act. The sentences awarded against the accused Akhileshwar Singh and Mangroo Singh were directed to run concurrently.

(2.) The fardbeyan recorded by officer-in-charge of Dinara police station on 06.12.1981 at 09.30 p.m. of P.W.4 Bihari Singh alleged that on the same day in the afternoon the informant and his brother co-accused Shiv Prasad Singh went to see their field and asked for sharing the property namely buffalo but it was declined by Shiv Prasad Singh who claimed that the buffalo was the gift to him by his in-laws. This caused altercation whereupon accused Shiv Prasad Singh threatened him to dire consequences. In the same evening P.W. 4 and his brother Ramadhar Singh P.W. 2 were in Khalihan then the Mangroo Singh with his licensed gun, Kapil Singh with Bhala, Akhileshwar Singh with countrymade gun, Shiv Prasad Singh with Bhala and Umesh Singh with Garasa came and the informant escaped and raised hulla upon which Kamta Singh (the deceased), Jag Dayal Singh P.W. 1, Bishwanath Singh P.W. 3, Ramadhar Singh P.W. 2 and others came. Mangroo Singh fired from his rifle which caused injury in the stomach of Kamta Singh (the deceased) who fell down. Second firing by Akhileshwar Singh caused injury in the right arm of Jagdayal Singh P.W. 1. After committing the occurrence, the accused persons escaped to the northern side. Kamta Singh died in the way while he was on way for Dinara Hospital for treatment.

(3.) The fardbeyan resulted into formal FIR of Dinara P.S. Case No. 220 of 1981 under Sections 148, 149, 307, 302 of the IPC and Section 27 of the Arms Act. The important aspect of the fardbeyan is that it was recorded at 9.30 p.m. on 06.12.1981 but the record shows that it has been received in the court on 22.12.1981 i.e. after more than two weeks of the occurrence. After cognizance being taken, the case was committed to the court of Sessions where charge under Section 302/149 of the IPC was explained to all the accused. Charge under Section 27 of the Arms Act and Section 307 of the IPC was explained to Akhileshwar Singh, Charge under Section 302 of the IPC and Section 27 of the Arms Act was explained to Mangroo Singh. They pleaded their innocence then the trial proceeded.