RAM LAKHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though appellants were charged on various counts by the trial Court, while Nandlal and Ram Lakhan Singh suffered conviction under Section 148, of the Indian Penal Code for which they were sentenced to undergo rigorous imprisonment for a term of four months each, rest four appellants namely, Birendra Kumar Singh. Surendra Kumar Singh, Narendra Kumar Singh and Hardeo Singh, suffered conviction under Sections 323 and 147 of the Indian Penal Code, for which they were sentenced to suffer rigorous imprisonment for a term of three months each under each of the two counts. Ram Lakhan Singh suffered conviction also under Section 324, of the Indian Penal Code for which he was sentenced to undergo rigorous imprisonment for a term of four months with a rider that all the sentences in case of those suffering conviction on two counts, shall run concurrently.

(2.) The factual matrix appearing from fardbeyan of Manmohan Singh is that at about noon on 15th December, 1982, after Nandalal Singh raised shouts and questioned his authority for ploughing the land, Ram Lakhan Singh dealt blows with garasa on Bhagwan Singh causing injuries on the head, Hardeo Singh dealt blows on forehead of Manmohan Singh with hard blunt substance. Accusation attributed to Birendra Kumar Singh was about dealing blows with lathi on head of Mahendra Singh. Omnibus accusation has been attributed to Hardeo Singh, Surendra Kumar Singh and Narendra Kumar Singh also for assaulting victims. Accusation attributed to Nandalal Singh was also for resorting to firing, while retreating. A police case had been registered on behest of Manmohan Singh, PW 7, pursuant to which investigation followed, in course of which the Police Officer having visited place of occurrence and on collecting evidences, laid charge-sheet before the Court. In the eventual trial, the State examined altogether ten witnesses who are injured, labourers, doctor, Police Officer and other witnesses.

(3.) The defence of the appellants had been that of innocence and they ascribed their false implication. The explicit defence of the appellants had been that the occurrence took place over R S Plot Nos. 39 and 40, for which he was held entitled by virtue of execution of two sale deeds by Ram Narayan Pandey and Sri Bhagwan Pandey respectively. The defence too examined six witnesses and among them, DW 3, Ram Lakhan Singh, one of the appellants, stated, inter alia, about purchase of disputed land by him, when on 15th December, 1982 Ram Adhar. Komal Singh, Govind, Sri Bhagwan, Mahendra and Manmohan having encircled, dealt blows with hard blunt substance on him and when Nandalal and Hardeo came for rescue, Nandalal too was assaulted, and as for Hardeo it was stated that on exhortation made by Komal and Ramadhari Govind fired shots causing injury on his chest.