KUSUM LAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 5.01.1991 and the order of sentence dated 8.01.1991 passed by the learned 2nd Additional Sessions Judge, Bhagalpur in Sessions Trial No.308 of 1983 by which the appellants Kusum Lal Singh and Deepan Singh have been convicted and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for two years under Section 148 of the Indian Penal Code, the appellants Mahendra Singh, Jitendra Singh, Badri Singh, Jagarnath Singh, Basudeo Singh and Daroga Singh have been convicted and sentenced to undergo rigorous imprisonment for life under Sections 302/149 of the I.P.C., the appellants Daroga Singh and Mahendra Singh have been further sentenced to undergo rigorous imprisonment for two years under Section 148 of the I.P.C., the appellant Mahendra Singh has been further convicted and sentenced to undergo rigorous imprisonment for two years under Section 324 of the I.P.C. and the appellants Sanjho Singh, Suresh Singh, Saryug Singh and Mathura Singh have been sentenced to undergo rigorous imprisonment for one year under Section 147 of the I.P.C. and all the sentences have been directed to run concurrently.

(2.) THE prosecution case, in brief, is that the informant Md. Harun Ansari (P.W.12) alongwith Kaushar Ansari (deceased), Ashraf Ansari (P.W.1), Md. Jaggu Mian (P.W.2), Md. Rahul Ansari (P.W.8), Bibi Margina (P.W.3) and Shakila Khatoon (P.W.10), all residents of village -Rahua, P.S. - Baunsi went to collect Mahua from their tree situated at Mauza -Kairi, Tola - Paharpur on 4.04.1983 at about 5.00 A.M. After collecting Mahua at about 7.00 -8.00 A.M., they were ready to return to their home taking Mahua. In the meantime, all of a sudden, the aforesaid appellants, Lilo Singh (since died) and Jamuna Singh (since acquitted) and 8 -10 others came there. The appellant no.1 Kusum Lal Singh asked and instigated the others to kill them (informant and others). The appellant no.1 Kusum Lal Singh assaulted Kaushar Ansari (deceased) with Barchhi causing injury in his head. He fell down. Thereafter, Daroga Singh, Deepan Singh and Mahendra Singh assaulted him with Barchhi and others assaulted with Lathi. The informant and his companions tried to rescue Kaushar. Thereafter, Kusum Lal Singh, Mahendra Singh assaulted the informant with Barchhi causing injury in his head and leg and others also assaulted him with Lathi. The companions of the informant were also assaulted by the accused/appellants. All the victims raised alarm. Several persons of the adjoining village came there and witnessed the occurrence. Thereafter, the accused escaped. The co -villagers brought the informant and other injured to Baunsi Hosital for their treatment. Md. Kaushar (deceased) was seriously injured, as such; he was referred to Bhagalpur Hospital, who succumbed to the injury in the way. The dead body was returned to the Baunsi Hospital. The reason for the occurrence was that in the land bearing Khata No.482, Plot No.4689, there were Mahua trees and the occurrence took place for the collection of the Mahua flower. The fardbeyan of the informant (P.W.12) was recorded by the S.I. N.P. Singh (P.W.15) at Baunsi State Dispensary on 4.04.1983 at 11.00 hours. The fardbeyan was witnessed by Md. Karamat Ali (P.W.14) and Md. Maksud Ali (P.W.4). On the basis of the aforesaid fardbeyan, Baunsi P.S. Case No.0037 dated 4.04.1983 was instituted against the accused for the offence punishable under Sections 147, 148, 149, 307, 302, 324, 323 and 341 of the Indian Penal Code. After investigation, charge -sheet was submitted against the accused. The cognizance was taken. The case was committed to the court of sessions. The charges were framed against the accused/appellants to which they denied and claimed to be tried. After the trial, they have been convicted and sentenced, as aforesaid, by the learned trial court.

(3.) THE prosecution has examined the following witnesses to prove its charge : P.W.1 Md. Ashraf Ansari, P.W.2 Jaggu Mian, P.W.3 Bibi Margina, P.W.4 Md. Maksud Ali, P.W.5 Md. Isiam, P.W.6 Mulhai Mian, P.W.7 Md. Sohrab, P.W.8 Md. Rahul Ansari, P.W.9 Md. Hanif, P.W.10 Shakila, P.W.11 Md. Mohsin Ansari, P.W.12 Md. Haroon, P.W.13 Md. Habibulla, P.W.14 Md. Karamat Ali, P.W.15 Narayan Pd. Singh and P.W.16 Dr. Gopaldhari Jaiswal.