BINDESHWARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the appellant. Accordingly Mr. Arun Kumar Tripathy is appointed as Amicus Curiae to assist this Court in this appeal on behalf of the appellant.

(2.) Bindeshwar Singh, Raghunandan Singh and Hare Ram Singh had faced trial in this case. Raghunandan Singh has been acquitted by the Trial Court on the ground that he has been able to prove that he was present and working in the Calcutta Central Bank on the date the occurrence took place. The involvement of Hare Ram Singh has also been disbelieved by the Trial Court and as such, Bindeshwari Singh was the only person found guilty and convicted under Section 307 of the Indian Penal Code to undergo rigorous imprisonment for seven years, and under Section 27 of the Arms Act to undergo rigorous imprisonment for two years.

(3.) The First Information Report was instituted by Ram Pravesh Singh on 16.02.1985 at 7 AM in the morning. The informant had stated that he was going along with Bans Ropan Singh to his village. When they reached near the village, Bans Ropan Singh returned to his home with the motorcycle whereas the informant was walking towards his home, when the accused persons came and surrounded him. It is said that Bindeshwari Singh fired on the informant, which hit his back whereas Raghunandan Singh also fired, which hit his stomach. The genesis of the occurrence has been explained by saying that it could be possible that Hare Ram Singh had removed some bricks from the brick-kiln of Raghunandan which may be the reason for the occurrence. The occurrence is said to have been witnesses by Satendra Singh.