RAJ KAPOOR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant suffered conviction and was sentenced to suffer rigorous imprisonment for life, and also term of three years, on accusation of he being author of episode of killing of Anugrah Narain Singh in broad day light on 18.4.1995.

(2.) Though salient features of the prosecution case has been well spelt out in the judgment of the Court below, what transpired from the earliest version of the prosecution and also narration made by the witnesses at trial was that at about quarter to 4 p.m., while Binod Kumar Singh (P.W.7) along with his younger brother Anugrah Narain Singh (since deceased) had gone to the shop of Birendra Kumar Singh for realisation of dues and was gossiping with him, Appellant came and fired shots in the chest of Anugrah Narain Singh, who on receipt of injury dropped on the ground. It was alleged that when he was engaged taking care of the injured, the assailant took to his heels and while the injured was being carried to the Sadar hospital on a jeep for treatment, he succumbed to the injuries, and the doctor attending him, declared him dead. Motive assigned in the earliest version of the prosecution was that preceding the incident, as the Appellant had abused the driver of his jeep, the deceased had reprimanded him and hence the Appellant having been animated with sense of revenge, executed killing of. Anugrah Narain Singh. Shortly after fardbeyan of Binod Kumar Singh (P.W. 7) was recorded by the Police Officer in Ara Sadar hospital, first information report had been drawn up at the Police Station and investigation commenced. During investigation, the Investigating Officer having visited the place of occurrence, seized offending articles which were stained with blood, recorded statement of witnesses, got the inquest report prepared by the Police Officer, and on receipt of post mortem report, laid charge sheet; before the Court. In the eventual trial that commenced, the State examined altogether 11 witnesses who are brother of the deceased and also those persons, who claimed to be familiar with the incident, the doctor, and also the Police Officer. The defence too in its bid to counter the allegation attributed to the Appellant, examined five witnesses. However, the trial Court on meticulous appreciation of evidences, placed on the record, on behalf of the parties, and regard being had to the contentions raised at Bar, while negativing plea of innocence of the Appellant, recorded verdict of guilt under Section 302 of the Indian Penal Code (IPC) and also Section 27 of the Arms Act, and sentenced the Appellant in the manner stated above, with a direction that both the sentences shall run concurrently.

(3.) Though findings recorded by the trial Court has been criticised by the learned Counsel for the Appellant on three major counts, apart from other ancilliary grounds, before we bestow our anxious consideration to these submissions, we consider it proper to make analysis of the evidences adduced on behalf of the parties. Reiterating his earliest version, Binod Kumar Singh (P.W. 7), brother of the deceased, states at trial that on 18th April, 1995, while he along with his brother Anugrah Narain Singh was in the cloth shop of Birendra Kumar, where Ashok Kumar too was present, Appellant abruptly came and pumped a bullet in the right side of chest of his brother, who dropped instantaneously. He took the injured to Sadar hospital on a jeep, where the doctor declared him dead. Preceding the incident, the witness says that the Appellant had beaten the driver of his jeep for which the deceased had reprimanded him. The fardbeyan of the witness, as he says, was recorded at Ara Sadar Hospital, by the Police Officer. Now adverting to the evidence of other witnesses, we may take up the evidence of Birendra Kumar (P.W. 1). The witness had a cloth shop in Agiaon market and he says that on 18th April, 1995, at about quarter to 4 p.m., while Anugrah Narain Singh, Binod Singh and Ashok Singh were inside the shop, Appellant fired shot on Anugrah Narain Singh in his right chest who dropped there. The injured was carried to Sadar hospital on a jeep where he was declared dead. Almost in similar terms, narrations were made also by Ashok Kumar (P.W. 2) about the Appellant having abruptly stepped in the shop of Birendra Kumar, where the deceased along with his brother Binod Singh was there, and fired shot in the right chest of the deceased and escaped in the east. Though all endeavours were made to save the life of the injured, he was declared dead by the doctor who had attended him in Ara Sadar Hospital. This witness is a witness to the drawal of the fardbeyan of Binod Singh in Ara Sadar hospital, and above all, he was witness also to the preparation of the inquest report made by the Police Officer. The other witness who deserves credence and on whom reliance has also been placed by the Court below, happens to be Hiraman Ram (P.W. 3). Though the witness hails from village of Binod Singh (P.W. 7), he carried out the work of welding in Agaion market, and the witness says to have heard sound of firing from the east direction while he was in Agiaon market, and when he proceeded towards shop of Birendra Kumar, he noticed the Appellant going to the shop holding pistol. The witness stated to have rushed to the shop where he noticed Binod Singh, Birendra Singh and also a person bleeding profusely. Though the injured was carried to the Sadar hospital on a jeep, he eventually succumbed to the injury. As for witness of the incident, the State also examined Md. Javed (P.W. 5). The witness says that he used to drive the vehicle of Anugrah Narain Singh. The Appellant had picked up a quarrel and had also assaulted him for boarding the jeep at Agiaon market. As he was loading the soap of a businessman, he could not accommodate the Appellant, and when he made complain to his master about beating by the Appellant his master had chided him. Md. Javed is also a witness on the other point as he says that when he had gone to Sahar Road for taking meal, he heard sound of firing and had witnessed the injured Anugrah Narain Singh being boarded in a jeep where people were saying that it was the Appellant who had fired shot on Anugrah Narain Singh.