BACHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN a bizarre incident that visited family of Ramdeo Singh, husband of Bhagwani Devi (PW 5) the maker of fardbeyan, while two family members suffered injuries on their persons, two son -in -laws, who in all probability, had come for their assistance to resist onslaught of the appellants and their associates, met their Waterloo in village Moori in midday at about 10 a.m. on 3rd December, 1975. Bhagwani Devi (PW 5) having heard alarms, emanating from khalihan of Marua Singh, about appellants and others having intercepted Laxman Singh, Bachcha Singh, and Nathuni Singh, rushed there in the company of Sachmucha Devi, Binda Devi, Indu Devi and Jay Prakash Singh, where she noticed that appellants and others had interpreted Laxman Singh, Bachacha Singh and Nathuni Prasad Singh in the khalihan of Marua Singh. The ball was set in motion by Chirkut Singh, who exhorted the appellants and others for shoot out, pursuant to which Chirkut Singh fired shots on Bachcha Singh, who dropped there. Laxman Singh, allegedly to save his life, fired shots which hit N/and Kishbre Singh, who too dropped injured. Jang Bahadur Singh took his arms and fired shots on Laxman Singh who too dropped on receipt of injuries and this followed other shots fired by Bashishta Singh which hit Nathuni Prasad Singh. There were omnibus accusations against appellants and others about assaulting injured with their weapons, and it was alleged that when Sachmucha Devi in order to save Nathuni Prasad Singh from further assault, covered him laying down on his body, Jang Bahadur Singh assaulted her. It was also alleged that after the incident was over, appellants dragged Laxman Singh and Bachcha Singh towards south, making further assault on their persons. They also took dead body of the Nand Kishore Singh with them. The Jardbeyan of gruesome killing of Bachcha Singh and Laxman Singh, who had eventually succumbed to the injuries and Sachmucha Devi and Nathuni Prasad Singh having suffered injuries on their persons, was rendered by Bhagwani Devi (PW 5), a female member of the house on the same day to set the criminal law in motion.

(2.) AFTER prosecution was launched on behest of Bhagwani Devi, investigation commenced, in course of which the Police Officer recorded statement of witnesses, visited place of occurrence, took steps for apprehension of the miscreants, sent the dead bodies of Bachcha Singh and Laxman Singh to mortuary for post mortem examination, and on receipt of post mortem report, eventually laid charge sheet before the Court on conclusion of investigation. In the eventual trial that followed, prosecution examined altogether ten witnesses who are family members of Bhagwani Devi, Ram Charitra Singh, an independent witness, the doctor who held autopsy over the dead bodies of Bachcha Singh and Laxman Singh, Ramji Singh a Pharmacist, who brought on record bed head ticket in respect of Nathuni Prasad Singh, who was admitted in the hospital at Varanasi, and also other witnesses.

(3.) IT seems that altogether 13 persons were put on trial on various counts. The trial Court, however, on consideration of evidences placed on the record, while acquitted Nirrnal Singh, Brahma Singh, Durga Singh and Munni Singh for insufficiency of evidence about their complicity in the episode under Section 235 of the Code of Criminal Procedure, recorded finding of guilt against Chirkut Singh, and Jangbahadur Singh under Sections 302 and 148 of the Indian Penal Code (IPC) and while for the first count, they were to suffer imprisonment for life, for the second count, they were sentenced to undergo imprisonment for two years. They suffered conviction also under Section 27 of the Arms Act, for which they were sentenced to suffer imprisonment for three years. Appellants Bachcha Singh, Badri Singh, Sobhu Singh, Kailash Singh, Kumar Singh, Balshishta Singh and Briksh Singh suffered conviction under Section 302/149, IPC for which they were sentenced to suffer rigorous imprisonment for life. Badri Singh, Sobhu Singh, Kailash Singh, Kumar Singh, Bachcha Singh and Bashishta Singh suffered conviction also under Section 148, IPC for which they were sentenced to undergo rigorous imprisonment for two years. However, Briksha Singh alonge suffered conviction under Section 147, IPC also for which he was sentenced to undergo rigorous imprisonment for a term of one year. In case of those convicts who suffered conviction and sentence on different counts, sentences were directed to run concurrently.