NAGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment of conviction and sentence order dated 20.09.2001 passed by Sri Hem Shankar Kumar Singh, 4th Additional Sessions Judge, Samastipur in Sessions Trial No. 426 of 1999 by which and whereunder he convicted all the appellants for the offences punishable under Sections 323, 337 and 504 of the Indian Penal Code and all the appellants were sentenced to undergo rigorous imprisonment for one year under Section 323 of the Indian Penal Code, six months under Section 337 of the Indian Penal Code and two years under Section 504 of the Indian Penal Code. Furthermore, all the appellants were convicted for the offences punishable under Sections 147, 148 and 149 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for two years under the above stated sections. Furthermore, appellant no. 4, namely, Pappu @ Prahlad Singh was convicted for the offence punishable under Section 379 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years under the above stated section and appellant no. 1, namely, Nagendra Singh and appellant no. 3, namely, Manoj Singh were convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years under Section 324 of the Indian Penal Code. The learned Additional Sessions Judge directed that all the sentences would run concurrently.

(2.) IN brief, the prosecution case is that court witness no. 7, namely, Vijay Singh gave his Ferdbeyan to A.S.I., Vidyapati Nagar Police Station on 16.07.1999 at about 10:00 A.M. to this effect that on 15.07.1999 at about 05:00 P.M. he was having a talk with Bangali Singh to leave passage and then construct the latrine near his house but in the meantime, all the appellants being armed with lathi, bhala, chhura and danda came at his door and appellant no. 1, Nagendra Singh ordered the others to kill him and after that appellants, Manoj Singh and Nagendra Singh assaulted him with lathi and chhura respectively. Having heard the noise, his mother came to his rescue but appellant Akhilesh Singh assaulted her with lathi whereas Saraswati Devi was assaulted by appellant, Manoj Singh with chhura and Jalka Devi and Amit Kumar were assaulted by appellants, Pappu Singh, Rinku and Sintu by bricks, lathi, khanti and danda. Furthermore, he stated that appellant Pappu @ Prahlad Singh snatched gold ornaments from Saraswati Devi. The reason behind the aforesaid occurrence was said to be land dispute.

(3.) THE appellants were put on trial and accordingly, all the appellants were jointly charged for the offences punishable under Sections 323, 337, 504 and 307 of the Indian Penal Code. Appellant no. 1, Nagendra Singh and appellant no. 3, namely, Manoj Singh were jointly charged for the offence punishable under Section 324 of the Indian Penal Code and appellant no. 4, namely, Pappu @ Prahlad Singh was, separately, charged for the offence punishable under Section 379 of the Indian Penal Code and similarly, all the appellants were jointly charged for the offences punishable under Sections 147, 148 and 149 of the Indian Penal Code.