PUNYA DEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Chonha Manjhi has been found guilty for an offence punishable under Section 147 of the IPC and sentenced to undergo R.I. for two years, while appellants Punya Deo Singh, Shambhu Prasad Singh, Jagdish Singh, Bishwanath Singh, Hira Manjhi have been found guilty for an offence punishable under Sections 302/149, 148 of the IPC and directed to undergo R.I. for life under Section 302/149. Appellants Punya Deo Singh, Shambhu Prasad Singh, Bishwanath Singh, Hira Manjhi have been convicted for an offence punishable under Section 302 IPC alternatively and they have been sentenced to undergo R.I. for life as well as to pay fine of Rs. 5,000/- each and in default thereof to undergo further R.I. for two years each. They have also been directed to undergo R.I. for three years under Section 148 of the IPC. Appellants Punya Deo Singh, Shambhu Prasad Singh have also been held guilty for an offence punishable under Sections 324 of the IPC and directed each of them to undergo R.I. for three years with a direction to run the sentences concurrently by 1st Additional District & Sessions Judge, East Champaran at Motihari vide judgment dated 12.07.1990 passed in Sessions Trial No. 30/1977.

(2.) FULGEN Singh, PW-3 gave his Fardbeyan (Ext-10) on 30.08.1976 at 9:00 A.M. before the O/C Pakri Dayal P.S. in injured condition while he was admitted at Primary Health Centre, Pakri Dayal alleging inter alia that on the same day at about 7:00/8:00 A.M. while he was engaged in cutting bamboo from bamboo cluster lying east to his village by Lakshman Hajra, his labour, Punya Deo Singh Singh armed with Bhala, Shambhu Prasad Singh armed with Garasa, Bishwanath Singh armed with Bhala, Jagdish Singh aremed with Bhala, Hira Manjhi armed with Garasa, Chonha Manjhi armed with Lathi, Lal Babu Singh (since acquitted) armed with Bhala came and forbade him (PW-3) from cutting bamboo which was retaliated by him claiming the same to be his own resulting verbal duel amongst them. During midst thereof, his brother Joginder Singh and Chandrika Singh arrived. No sooner than their arrival, Punya Deo Singh by means of Bhala and Shambhu Prasad Singh by Garasa inflicted injuries over Joginder Singh, respectively, on account of which he fell down. Side by side Shambhu Pd. Singh, Bishwanath Singh and Hira Manjhi brutally assaulted Chandrika Singh who also fell down. Both of them died instantaneously on the spot itself. Thereafter, Punya Deo Singh, Shambhu Prasad Singh assaulted him with Garasa and Bhala respectively. Lal Babu Singh had also pierced Bhala below the chest. Then it has been narrated that the aforesaid land was purchased from Most. Champa Kuer. Mahendra Rai, Surajdeo Singh, Brijnandan Thakur along with others were cited as witnesses who had seen the occurrence.

(3.) THE defence case as is evident from mode of cross- examination as well as statement recorded under Section 313 Cr.P.C. is that the land under dispute belongs to them on account of sale-deed executed by Overseer Singh who happens to be nephew of Most. Champa Kuer w/o Kailash Singh in whose favour Most. Champa Kuer had executed deed of gift. On the alleged date and time of occurrence, the prosecution party being variously armed made criminal trespass and forcibly began to cut bamboos which was resisted and on account thereof, the appellants were brutally assaulted by the prosecution party causing severe injury upon their persons for which Pakri Dayal P.S. Case No. 10/76 was registered while they were admitted at Primary Health Centre, Pakri Dayal. It has also been pleaded that to save their lives, the appellants had brandished their weapon which might have caused injuries upon the person of deceased and accordingly, would have resulted in death of members of prosecution party who were aggressors. To support the same, oral as well as documentary evidence have been adduced.