BASKI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though appellant stood charged both under Sections 302 and 307 of the Indian Penal Code (IPC) he suffered conviction only on the first count, on being acquitted of the offence under Section 307, IPC, for insufficiency of evidence.

(2.) Put up briefly, essential facts are these. Sometime after midday on 24th May, 1995, while Jagarnath Singh was returning after selling vegetables, he was intercepted by four persons including the appellant, near Khadi Bhandar, Manihari, who asked him for payment of unauthorised toll. It was alleged that as he did not oblige them, appellant took out pistol, and on chase though fired shot on him, aim was lost. The alarms raised by Jagarnath Singh brought a number of persons there who chased appellant, and it was alleged that in the process of being chased, appellant fired shots on Dilip Singh when he was about to apprehend him, and said Dilip Singh eventually dropped dead on sustaining injuries on his hand and below neck. A police case at about 16 hours on 24th May, 1995, was instituted in the State Dispensary on behest of said Jagarnath Singh. Investigation followed in course of which statements of witnesses were recorded, inquest report over the dead body of Dilip Singh was prepared by the Police Officer who got autopsy held a doctor and on conclusion of investigation, laid charge sheet before the Court.

(3.) After commencement of trial, the State examined seven witnesses to establish guilt of the appellant, and though two of them, namely, Kesho Singh (PW 6) and Pawan Kumar Misra (PW 7) had turned volte face to the State, the trial Court placing reliance on the testimony of the eye witnesses and also medical evidence of the doctor, recorded finding of guilt convicting appellant under Section 302, IPC and sentenced him to suffer life imprisonment on that count.