SHIVANANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals were heard analgous because they arise of common judgment dated 9-10-91 rendered by the Ist Addl. Sessions Judge, Nawadah, in sessions trial No. 463/84/45/88. Appellant-Baban Singh was convicted under Section 324/34 IPC. Moreover ail other appellants in other appeal were convicted under Section 324/34 IPC and appellants - Shivanandan Singh, Janardan Singh, Shyamadhin Singh, Purshottam Singh and Surendra Singh were convicted under Section 27 of the Arms Act. Those who were convicted under Section 324/34 IPC were sentenced to undergo Rl for 3 years and those who were convicted under Section 27 of the Arms Act were further sentenced to undergo R1 for 3 years.

(2.) The prosecution case originated on the fardbeyan of Bachu Singh, wherein he had alleged that on 11-5-81 at about 1 p.m., he was at his home in village Hansda. When he heard alarm regarding arson he rushed to the direction of noise alongwith other villagers and reached the house of Brihaspati Manjhi. House, of Brihaspati Manjhi was in flame. Several persons were extinguishing the fire, the informant joined the persons who were engaged in extinguishing the fire. In the meantime, he heard the sound of firing. The informant himself, Ramnandan Singh and Mahendra Singh received pellet injuries. Thereafter there was claimed "MARO MARO" and raising this voice Shivnandan Singh, Shyamadhin Singh, Janardan Singh, Surendra Singh, Biseshwa Prasad, Purshuttam Singh, all armed with pistols, gun etc., Rajendra Singh, Dwarika Singh and other Bachu Singh armed with lathi came there and surrounded the informant and others who were extinguishing the fire. These persons indulged in firing upon those who were extinguishing the fir. The informant was assaulted by Shivnandan Singh with fire arms Shyamadhin Singh and Janardan Singh fired upon Ramnandan Singh, who received pellet injuries. Arjun Singh assaulted Mahendra Singh with garasa. Rajendra Singh and Dwarika Singh assaulted Arjun Singh with lathi. The occurrence occurred on account of an altercation between Brihaspati Manjhi on the one hand and Shyamadhin Singh, Rajendra Singh and Arjun Singh on the other when they had asked Brihaspati Manjhi to work for them and Brihaspati Manjhi refused and he also instigated others not to work for them. Shyamadhin Singh ordered Rajendra Singh and Arjun Singh to set on fire the house of Brihaspati Manjhi which led to the aforesaid arson and the assemblage of the villagers who were extinguishing the fire during the course of which appellants indulged in assault upon those who were extinguishing the fire.

(3.) The accused-appellants had taken up the defence of false implication and they had alleged, through the fardbeyan of Janardan Singh, that on the same day at about 12 noon, when the informant was at his Baithka, suddenly, several persons named in the fardbeyan (exhibit B) armed with various weapons came to the house of his uncle Ram Balak Singh and they indulged in abuses upon Ram Balak Singh and all those named in the fardbeyan indulged in firing and assault upon various persons of the family and they also ordered ransacking of his house.