BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the judgment and order dated 16.9.1998 passed by the then learned Sessions Judge, Begusarai in Sessions Trial No. 192 of 92, so they were heard together and are being disposed of by this common judgment.

(2.) The appellant, Hare Ram Singh, has been convicted and sentenced to RI for life under Section 302 of the Indian Penal Code and two years under Section 27 of the Arms Act. The appellants, Bhola Singh and Gudda Singh, have been convicted and sentenced to RI for two years under Section 27 of the Arms Act. The sentences awarded to the appellant, Hare Ram Singh, however, have been ordered to run concurrently.

(3.) The case of the prosecution shows that in the intervening night of 1Oth/11th November, 1988 the informant, Ram Badan Singh alongwith his co-villagers, Munna Singh, PW 1, Ram Sewak Singh, PW 2 and the deceased, Ram Karan Singh was sleeping at the dera of the deceased situated in Paharpur Badh, P.S. Ballia, District Begusarai. The informant and his aforesaid two companions were sleeping on a bed on the ground and the deceased, Ram Karan Singh, was sleeping on chowki At about 1 a.m. they woke up on hearing the sound of foot steps of six persons arrived at the dera. Out of them, the accused, Hare Ram Singh, Gudda Singh, Bhola Singh and Naresh Rai flashing torch light entered inside the dera. The accused. Hare Ram Singh. identified Ram Karan Singh in the flash of torch light and fired pistol on his fact from touch distance and he died at the spot. The accused, Gudda Singh, Bhola Singh and Naresh Rai, over-powered the informant and others at the point of fire arms and threatened them with dire consequences in case of rising alarm. They could not identify the other two persons standing outside the dera. The further case of the prosecution is that the accused, Gudda Singh and Bhola Singh were armed with rifles and the accused, Naresh Rai and Hare Ram Singh were armed with pistols and after committing the alleged crime, all of them made good escape towards south. The motive behind the occurrence has been alleged to be the dispute in respect of ridge in between the deceased. Ram Karan Singh and the accused, Hare Ram Singh.