SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ABOVE named both the appellants have preferred the instant appeal against the judgment of conviction and order of sentence dated 25th July, 1989 passed in Sessions Trial No. 91 of 1988 whereby the appellants have been found guilty for the offence punishable under sections 148 and 302/149 of the Indian Penal Code and section 27 of the Arms Act and they were sentenced to undergo imprisonment for life under sections 302/149 of the Indian Penal Code and further they were sentenced to undergo imprisonment for 2 years under section 148 IPC and section 27 of the Arms Act. All the sentences were directed to run concurrently.

(2.) THE occurrence is of the evening of 16.5.1986 at 5.30 PM. On that date the informant PW 6 Budhram Singh left the village Makhdumpur in the district of Bhojpur along with his cousin Ramdhani Singh (deceased) to attend the Tilak ceremony in the house of Jagdish Singh of village Belauna Kharauni. Ramdhani Singh was carrying his licensee rifle. As soon as they proceeded towards south of Makhdumpur and north of Kharauni and while they were about 200 yards north of Chakra Badhari Mauja Belauna Kharauni, then it was 5.45 PM. At that very time, his villager Shankar Singh (appellant no. 1) and Kanahiya Singh (appellant no. 2) along with 2 -3 unknown persons having rifle and guns came. Shankar Singh and Kanahiya Singh fired from rifle and gun causing injury to the informant's cousin Ramdhani Singh. He died on the spot and the miscreants took away his rifle and cartridges kept in the belt. The three other persons pointed pistol upon the informant but he protested which caused injury in his left palm and wrist. On the cry of the informant, five miscreants retreated towards north -west of the village. One month prior to the occurrence, the accused persons had quarreled and it was suspected that killing was to take revenge of the altercation which had occurred in the month back. The fard -beyan was witnessed by PW 3 Janardan Singh and PW 2 Bhikhari Singh. The fard -beyan (Ext. 4) resulted into formal FIR (Ext. 5) and case under sections 302, 379/34 of the Indian Penal Code and section 27of the Arms Act was registered and investigation started. In course of investigation, inquest report of dead body (Ext.2) was prepared. Post mortem report (Ext. 3) was obtained. Seizure of the blood stained soil (Ext. 6) was made available, injury report (Ext. 7) of the informant (PW 6) was also obtained and chargesheet was submitted. Accordingly, cognizance was taken and the case was committed to the court of sessions where both the accused persons were charged under sections 302/149 and 148 of the Indian Penal Code and section 27 of the Arms Act. The accused persons pleaded innocence, so the trial proceeded.

(3.) IN order to prove its case, the prosecution has examined PW 1 Sakaldeo Narain, an advocate clerk, as a formal witness, PW 11 Hit Narain Tiwari - another formal witness. PW 2 Bhikhari Singh is an FIR attesting witness and he is a hearsay witness. PW 3, Janardan Singh son of Shri Bhagwan Singh another FIR attesting witness, as a hearsay witness. PW 4, Murat Ram, a formal witness of inquest report. PW 5, Ranjeet Singh, is a hearsay witness. PW 7, Janardan Singh son of Amir Singh, is another hearsay witness. PW 8 Nand Bihari Singh has been tendered. PW 9 Raj Kishore Singh has performed the post mortem examination upon the dead body of Ramdhani Singh. PW 10 Basudeo Prasad Singh is the Investigating Officer. No defence witness was examined but the doctor who treated the informant has been examined as Court Witness No. 1 and he has proved the injury report of the informant.