MAHESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals arise out of the judgments dated 14th February 2002 of the 1st Additional Sessions Judge, Sitamarhi in Sessions Trial Nos. 312 of 2000/110 of 2000 and S.T. No. 236 of 2001/41 of 2001 whereby each of the appellants has been convicted under Section 307 read with Section 34 of the Indian Penal Code and sentenced to undergo R.I. for ten years and a monetary fine of Rs. 2000/ - (two thousand) each and, in default of payment of fine, to undergo R.I. for one year each. Both the Sessions Trials, as referred to above, were decided by the said judgments dated 14th February, 2000. It appears that appellants Mahesh Kumar Singh and another accused Shatrughna Sah was tried in S.T. No. 312 of 2000 and Shatrughna Sah was acquitted. Other two appellants, namely, Bachchu Dubey and Lal Babu Dubey were tried under S.T. No. 236 of 2000. The evidence of the appellants was recorded separately in both the Sessions Trials.

(2.) THE fard -beyan of the informant Lallan Prasad was recorded by Bindhyachal Singh, S.I. in the night of 23rd February, 2000 at 3.30 O&aposclock at Bed No. 4 in Sitamarhi Hospital, where he was lying in injured condition. He (informant) stated that in the night of 22nd February, 2000 at 10.30 while he was going to his house from his shop, situated near Basushri Cinema Hall, Sitamarhi and his SARHU -BETA Ashok Kumar Singh was also behind him and when he reached near the darwaja of Sri Kishun Sao, a Maruti Van was seen parked there by the side of the road and suddenly 8 -9 persons came from behind the van and surrounded him. Out of those persons, he (informant) identified in moon light and street electric bulb light (1) Lal Babu Dubey (carrying revolver), (2) Bachchu Yadav (carrying iron rod), (3) Binod Sah (carrying Katta) and (4) Mahesh Singh. He further alleged that Bachchu Yadav stated that he (informant) was a man of BJP and ordered to kill him. On his order, Binod Sah and Mahesh Singh assaulted him fatally with knife on the head, chin, neck and hand. At that time, Bachchu Dubey was catching hold of him. Ashok Kumar who was coming behind him (informant), rushed to save him but Lal Babu Dubey shot with his pistol at Ashok&aposs abdomen below chest. Receiving injury, both of them fell down and raised hulla whereupon Raj Kishore Prasad (P.W. 1), Rambabu Prasad (P.W. 2), Uma Shankar Prasad (P.W. 5) and Upendra Prasad (P.W.4) came from the side of the Mohalla and seeing them, the accused persons fled away and they saw the accused fleeing. The informant claimed in the fardbeyan that since he was supporter of BJP, the accused persons tried to kill him and they also fatally assaulted Ashok Kumar causing grievous injuries to him.

(3.) P .W. 2 Rambabu Prasad has given a similar description of the occurrence and at Para -5 he too says to have seen the occurrence first from a distance of 8 -10 yards and said that at that time, the accused persons had surrounded the informant.