HIRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants, learned counsel for the informant as well as learned Additional P.P.

(2.) INITIALLY , there were three appellants Hira Singh, Ram Pujan Singh alias Khublal Singh and Surendra Singh out of whom Hira Singh and Surendra Singh are dead and on account thereof, the appeal to their extent is found to be abated and now survives only against appellant Ram Pujan Singh.

(3.) RAJ Neshwar Singh(P.W.9) gave his fardbeyan on 08.10.1982 at 9.30 A.M. at Sadar Hospital, Gopalganj in an injured condition alleging inter-alia that on the same day at about 7 A.M. while he was at his Darwaja and his son Rup Narain Singh(deceased) was at his house. At that very time his servant Gopichand(P.W.8) had gone to throw cow dung at the place fixed therefore north to his house. Hira Singh, Tribhuwan Singh, Ram Pujan Singh alias Khublal Singh, Basudeo Singh and Surendra Singh who were armed with deadly weapon and sitting in a hut adjacent east to that place forbade his servant Gopichand over which Gopichand disclosed that they are not allowing him to throw the cow dung over which he rushed towards the place. His son also came out from his house after hearing his utterance. When he reached at that place, he found aforesaid persons variously armed with farsa and bhala who pounced upon him as well as his son. Basudeo Singh gave lathi blow on account of which, he fell down. Till then Birendra Singh and Harinarain Singh also came and provoked the accused persons to kill. Thereafter, Tribhuwan Singh caught hold Rup Narain Singh after throwing bhala and Ram Pujan Singh @ Khublal Singh gave farsa blow. He, to save tried to get up over which Surendra Singh assaulted with the back portion of bhala on account of which, he again fell down. Hira Singh gave repeated farsa blow over Rup Narain Singh which Rup Narain Singh tried unsuccessfully to catch hold of. Ram Pujan Singh alias Khublal Singh again repeated farsa blow causing injury over his left thigh and thereafter Rup Narain Singh fell down. Thereafter, Hira Singh and Ram Pujan Singh alias Khublal Singh gave blow repeatedly. On his alarm, Ram Babu Pandey rushed and tried to pacify who was also assaulted by Hira Singh and Ram Pujan Singh alias Khublal Singh by farsa. At that very time, Balkishore Singh, Bhikhan Chaudhary and his son Om Prakash Chaudhary along with Chandra Gokhula Singh including other co-villager who have assembled on hue and cry raised by them have witnessed the occurrence. The motive for the occurrence happens to be raising protest by the accused persons during course of putting cow dung.