SADHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No. 540 of 1987 preferred by Sadhu Singh and Sohawan Singh alias Sohawan Singh, Criminal Appeal No, 577 of 1987 brought by Raj Ballam Singh and Criminal Appeal No. 582 of 1987 filed by Ramashish Singh and Muneshwar Singh arose out of one and the same judgment and order of conviction and sentence dated 26.9.1987 recorded by Sri Om Prakash Sinha, 2nd Additional Sessions Judge, Nalanda at Biharshariff in Sessions Trial No. 273 of 1985/138 of 1987 and hence they were heard together and are going to be disposed of by this common judgment.

(2.) There was a grocery shop owned and possessed by the informant Surendra Singh (P.W. 9) and his father Raj Kumar Singh (deceased) at village Mokarrampur under the jurisdiction of Noorsarai (Nalanda) police station of Nalanda district. The shop was situated in their own house. Both the informant and his father were at about 11.00 a.m. on 13.10.1984 sitting in their shop referred to above. The deceased was dealing with the customers. Just when Appellant Sohawan Singh went to the shop and asked the deceased for certain goods and articles on credit. Refusal of the deceased Raj Kumar Singh to make sale on credit caused annoyance and anger to the Appellant Sohawan Singh who abused him and went away threatening him with dire consequences. After a short while all the Appellants including Sohawan Singh having armed themselves with various lethal weapons such as garassa, Saif and Lathi again went to the shop where in pursuance of order and instigation made by Appellant Sohawan Singh, Appellant Ramashish Singh inflicted a garassa blow on the head of the deceased and Appellant Muneshwar Singh dealt a saif blow on his left palm while other Appellants assaulted him with lathi as a result of which he sustained injuries and succumbed to the injuries so inflicted on him instantaneously on the spot. The informant raised alarm attracting several persons such as Musafir Singh (P.W. 7), Sitaram Singh (P.W. 8), Lakhan Singh (P.W. 3) and Birendra Singh (P.W. 4) who on their arrival witnessed the incident leading to the death of deceased Raj Kumar Singh.

(3.) The informant along with P.W. 3 Lakhan Singh, P.W. 4 Birendra Singh, P.W. 5 Mahendra Singh, P.W. 7 Musafir Singh and P.W. 8 Sitaram Singh and others carried the dead body of the deceased to Nalanda police station where Chandradeo Sharma, A.S.I. (P.W. 11) at about 2.0 p.m. on 13.10.1984 recorded the Fardbeyan of P.W. 9 Surendra Singh on the basis of which Noorsarai P.S. Case No. 115/84 was registered under Sec. 302 besides some other sections of the Indian Penal Code. P.W. 11 soon swung into action, started investigation and proceeded for village Mokarrampur at about 2.30 p.m. and reached there at about 4.0 p.m. He visit and inspected the place of occurrence which was the grocery shop of the informant and the deceased and gave a vivid description of the same. He found blood fallen on the floor of the shop room. He seized blood stained earth and prepared seizure list in presence of witnesses, namely, Bela Singh (P.W. 1) and Birenda Singh (P.W. 4).