MANGLESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Thi s appeal is directed against the judgment dtd. 27/9/1995 and the consequent order dtd. 28/9/1995 passed by the learned Additional Sessions Judge Seventh, Patna in Sessions Trial No. 742 of 1993 whereby and whereunder the appellant has been convicted for the offences punishable under Sec. 302 of the Indian Penal Code (for short ..IPC..) and Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life under Sec. 302 of the IPC and rigorous imprisonment for five years under Sec. 27 of the Arms Act.

(2.) On 7/5/1993 at 11:10 AM, one Dhirendra Kumar (P.W.7) son of Ramadhar Sharma, resident of village Bilap, P.S.-Bihta, District- Patna gave his oral statement (fardbeyan) at Bihta Police Station before one Ram Pravesh Singh (P.W.9), an Assistant Sub-Inspector of Police, Bihta Police Station alleging therein that on the same day at 10:00 AM, he along with his father was returning home after spading soil in the sugarcane field and as soon as they reached near the house of the appellant, he saw Awadhesh Singh and the appellant sitting there armed with gun and pistol respectively. Seeing him and his father, Awadhesh Singh hurled abuses. He ordered the appellant to kill his father Ramadhar Sharma for the alleged cutting of ridge of the field. On the order of Awadhesh Singh, the appellant fired from his pistol, which hit his father in his back as a result of which he fell down and started struggling for life. Immediately thereafter, Awadhesh Singh also fired from his gun, which hit him on the left palm in between left thumb and left index finger and bleeding started. He raised hulla upon which the neighbours and other co-villagers rushed there and saw the occurrence. He stated that his injured father was taken to Dariyapur on a cot for treatment at Dariyapur Hospital and from Dariyapur he was referred to the Referral Hospital, Bihta, where the doctor declared his father dead after examining him. The dead body of his father was taken to Bihta Police Station. He claimed that Awadhesh Singh and the appellant resorted to firing with an intention to kill his father as also to kill him.

(3.) On the basis of the aforesaid oral statement of the informant Dhirendra Kumar, Bihta Police Station Case No. 81 of 1993 dtd. 7/5/1993 was registered under Ss. 302 and 307/34 of the IPC and Sec. 27 of the Arms Act and investigation was taken over by the ASI Ram Pravesh Singh himself.