SURESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though all the appellants suffered conviction under Section 302/34 of the Indian Penal Code (IPC), for which they were sentenced to suffer rigorous imprisonment for life. Akaloo Ahir suffered conviction also under Section 307, IPC for which he was to undergo rigorous imprisonment for a term of ten years. Akaloo Ahir and Brij Mohan Ahir suffered conviction also under Section 27 of the Arms Act but no sentence was awarded to them on this count. In case of those who suffered conviction on two counts, sentences in their case were directed to run concurrently.

(2.) Before we advert to the prosecution case, it would be appropriate to notice that Garju Ahir, who too was put on trial along with the appellants, died in the midst of the proceeding, and as such proceeding was dropped against him.

(3.) Factual matrix centering round the prosecution case are not in much details and that can be recapitulated with brevity. Allegedly at about 5 p.m. on 10th January, 1981, while Kishore Bhagat had returned along with his father after feeding cattle, Garju Ahir emerged from north and insisted upon him for supply of seedlings, and on his failure to oblige him, though he fired a shot on him, but the aim was lost, and in quick succession, Akaloo Ahir too, who came from north, fired another shot on him, but that time too the aim was lost. It was alleged that shortly thereafter, Suresh Singh and Brij Mohan Ahir too came there and on being supplied firearm by the former, the later fired shots on Kishore Bhagat who dropped at door of his house. Not only that a number of villagers flocked to the place of occurrence hearing sound of firing, but it was alleged that Girgit Ahir, Chhatu Ahir, Kishun Ahir, Babu Lal Bhagat. Ram Kathin Ahir and Jaalal Ahir also came there variously armed with weapons, pursuant to which Chhatu Ahir, smashed chest of Kishore Bhagat and also dealt blows with hard and blunt substance on him. Pursuant to the institution of the Police case, Police came in action and during investigation, collected evidence, to put the accused on trial. Statement of witnesses were recorded by the Investigating Officer who visited place of occurrence, got autopsy held over the dead body of the deceased and on conclusion of investigation, laid charge sheet before the Court. During trial that followed, State examined 20 witnesses including seven persons who claimed to be ocular witnesses to the incident, the doctor, two Police Officers and also other host of witnesses to whom we shall advert to later on.