KRISHNA MURARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants, namely. Krishna Murari Singh @ Sharma and Tripurari Singh have been convicted under Section 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for lite. Both of them have further been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years on that count.

(2.) AS per the fardbeyan of the informant Raj Kishore (PW 8), the prosecution case is that in the intervening night of 6th and. 7th at about 12.00 O&aposclock while the informant and the deceased were sleeping in their mill premises, the informant heard the sound of firing and woke up. He flashed the torch light and saw that these appellants were fleeing away from the mill premises. The informant also saw that the appellant Tripurari Singh was armed with rifle and appellant Krishna Murari Singh @ Sharma was armed with a pistol. Some more people were waiting outside and all of them fled away towards the east. The informant found that the miscreants had fired upon the fore -head of his father, who died instantaneously. The informant raised alarm on which the family members came. The motive for the occurrence, as alleged in the fardbeyan (Exhibit -4), is that the grand -father of these appellants, namely Parma Singh had taken loan from the deceased which he was not returning back, so, the deceased had retained twelve bags of paddy which the appellants had taken to the mill premises of the deceased for husking and the appellants had given threats to the deceased and later on manhandled the deceased at Bikram Bajar. Due to the aforesaid reason the appellants are alleged to have committed the murder of the deceased, The fardbeyan was recorded by SI Isharat Hussain of Bikram P.S. on 7.6.1996 at 1.10 a.m. and on the same day at 2.15 a.m. FIR (Exhibit -5) was lodged under Sections 302/34 of the Indian Penal Code read with 27 of the Arms Act against the appellants. After completing the investigation the charge -sheet was submitted against the appellants under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act on the basis of which cognizance was taken and the case was committed to the Court of Sessions.

(3.) IN order to prove the charges, the prosecution examined as many as ten witness out of whom PW 9 Dr. K.C.P. Singh is the doctor who conducted post mortem examination on the dead body of the deceased. PW 9 has deposed that on 7.6.1996 at 11.00 a.ni. he performed post mortem examination on the dead body of Binda Singh (deceased) and found the following ante mortem injuries on his person.