GOPAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two criminal appeals arise out of a judgment of conviction and sentence dated 15-5-1989 passed by Sri Abhay Shankar Prasad XVth Additional Sessions Judge Munger in Sessions Case No. 233 of 1988 whereby and whereunder the said learned court convicted the appellants of both the appeals under Sections 302/149 of the Indian Penal Code, 1860 and sentenced them to undergo rigorous imprisonment for life and also convicted appellants Diwakar Singh, Subhakar Singh for commission of offence under Sections 3 and 5 of the Explosive Substances Act and sentenced each of them to undergo rigorous imprisonment for five years. Appellant Gopal Singh was also found guilty under Section 147 of the Indian Penal Code, 1860, where as other appellants were found guilty under Section 148 thereof, but no separate sentence therefor was passed against them.

(2.) On 2-11-1986 at about 11 a. m., the informant Murari Prasad Singh (P. W. 11) gave his fardbayan before one Bachneshar Thakur a police officer of Lakhisarai Police Station which was recorded in sub-divisional Hospital, Lakhisarai in relation to an incident which took place at 5.30 a. m. on the same date in village Kachhiama which is situated at about 15 kms. from the aforementioned Police Station, causing death of Bankey Bihari Singh, father of the informant alleging, inter alia therein as follows: The deceased Bankey Bihari Singh at about 5.30 a. m. on 2-11-1986 had allegedly been going to his house from his Dalan and when he reached near the Batham of one Anil Singh (P.W. 3) son of P.W. 1 Jwala Singh, which is adjacent east to his Dalan, he was surround-ed by his agnates Diwakar Singh, Gopal Singh, Subhakar Singh, Kanhaiya Singh and Sanjay Singh all sons of Awadh Kishore Singh of the same village. Diwakar Singh, Subhakar Singh and Sanjay Singh allegedly had bombs in their hands; whereas Gopal Singh and Kanhaiya Singh were armed with pistols. Allegedly Diwakar Singh threw a bomb which hit the deceased Bankey Bihari Singh, as a result whereof he received injuries and thereupon he started fleeing away. Gopal Singh and Kanhaiya Singh allegedly fired from their pistols as a result whereof, the deceased received gun shot injuries whereafter, the accused persons fled away towards their home. In the said first information report, Rambriksh Singh (P. W. 2) Jwala Prasad Singh (P.W. 1) Anil Kumar Singh (PW 3) and Anand Singh (PW 8) were named as eye-witnesses.

(3.) While Bankey Bihari Singh was being removed to Lakhisarai hospital in an injured condition he died at a place between village Bikra and Morma. The motive attributed on the part of the appellants for commission of the said offence is said to be the land dispute arising out of partition of the properties. The said fardbayan was marked as Exhibit 5.