MANGAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arise out of the judgment and order dated 23rd February, 1998, passed by the then learned Additional Sessions Judge-I, Gaya in Sessions Trial No. 25 of 1997/106 of 1997, so they were heard together and are being disposed of by this common judgment.

(2.) The appellants, Anil Singh, Ramadhar Singh and Jai Ram Singh, have been convicted and sentenced to RI. for life under Section 302 of the IPC and 5 years under Section 27 of the Arms Act. The appellants Sachitta Singh, Vidya Singh, Kali Singh and Mangal Singh, have been convicted and sentenced to RI. for life under Sections 302/149 of the IPC. The appellants Vidya Singh and Sachitta Singh have further been convicted and sentenced to RI for two years under Section 27 of the Arms Act. The sentences awarded to the appellants. Anil Singh, Ramadhar Singh, Jai Ram Singh, Vidya Singh and Sachitta Singh, however, have been ordered to run concurrently.

(3.) On 15.8.1996, the informant, Suresh Singh, PW 9, lodged FIR alleging inter alia that on the same day he along with his brothers, Dani Singh. Mukhdeb Singh, PW 8 and labourer. Rajendra Manjhi, PW 1 were making ridges in his field for the transplantation of paddy crops. Kundan Kumar, his bhagina, came there with their break-fasts. At about 11 a.m. a tractor came from south and stopped at a distance of about 500 yards from the field. After a shortwhile he saw 5 to 6 persons coming from the village towards the field whereupon the tractor came on the disputed land of the plot No. 990. Khata No. 89, measuring an area On 2 acre 88 decimals. The accusedappellant. Anil Singh. with licencee gun in his hand alongwith 2/3 unknown persons came down from the tractor. In the mean time 5 to 6 persons coming from the village also arrived in the field. They were the accused- appellants, Mangal Singh. Kali Singh. Sachitta Singh. Vidya Singh. Jai Ram Singh arid Ramadhar Singh, Out of them, Jai Ram Singh and Ramadhar Singh had licencee guns. Sachitta Singh had countrymade rifle and Vidya Singh had countryrnade pistol. It was 12 noon at that time. The informant has further alleged that all the accused-appellants talked together and started ploughing the field with tractor. Thereafter, the informant and his brothers proceeded towards tractor for preventing from ploughing the land. They objected them from ploughing the field because of pendency of a case in the Court in respect of the said land. This resulted in the exchange of hot words in between both sides whereupon the accused-appellants. Mangal Singh and Kali Singh, ordered to kill the informant and others. On their order, the accused-appellants. Anil Singh, Jai Ram Singh and Ramadhar Singh started firing indiscriminately from their guns which caused gun shot injuries to Kundan Singh, the bhagina and Dani Singh, the brother of the informant. Then the informant and his brother Mukhdeo Singh fled towards East but the accusedappellants. Sachitta Singh and Vidya Singh chased them firing from their fire arms. The informant and his brother Mukhdeo Singh, however, escaped unhurt and got themselves conceal into the bed of Aahar. The sound of firing attracted the villagers and on seeing the villagers coming towards field the accused-appellants fled towards West. On arrival of the villagers the informant alongwith his brother came out from the bed of Aahar and found his brother Dani Singh lying dead in the field of Dr. Umesh Singh. The injured Kundan Singh was alive but was lying uncons-cious on the ground. Kundan Singh was removed to hospital for treatment. The informant has further alleged that there was a proceeding under Section 144. Cr PC in between the parties in respect of the aforesaid disputed land in which the SDM. Gaya observed the proceeding beyond his jurisdiction. Then under the order of DM. Gaya the informants brother, Satya Narain Singh, filed a Bataidari Case No. 1/96 before the Anchal Adhikari. Manpur and the Same is pending for enquiry and disposal.