RAM NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Bimlesh Singh and Bhagwan Singh have assailed the judgment of conviction and order of sentence dated 30th November, 1989 passed by the learned 6th Additional Sessions Judge, Rohtas at Sasaram in connection with Sessions Trial No. 171 of 1986, holding both the appellants guilty under Section 302/34 of the IPC and Section 27 of the Arms Act and each of them were sentenced to undergo R.I. for life for offence under Section 302/34 of the IPC and three years for the offence under Section 27 of the Arms Act. The sentences were ordered to run concurrently. Besides the appellants one Ram Narayan Singh was also inflicted similar conviction and sentence but he had died and the appeal against him had abated after receipt of the report from the S.P. Rohtas about the death of Ram Narayan Singh.

(2.) THE occurrence is of the morning of 13.07.1985. On that date at 06:30 a.m., Keshaw Singh was preparing himself for day's work. In the process, he was brushing his mouth at that very time the informant's villagers Ram Narayan Singh (now dead) accompanying Bhagwan Singh and Bimlesh Singh went upon the roof of Bhagwan Singh. Since the three accused went upon the roof then Ram Narayan Singh instigated other two accused namely the appellants to shoot at on his standing enemy. Firing was resorted to upon Keshaw Singh which caused injury upon his person and as a result thereof he fell down. The informant and the persons sitting there namely his brother Ram Sewak Singh P.W. 1, Ram Bidya Singh P.W. 3 and Hars Narayan Singh and Harshdeo Singh P.W.2. The informant and others dragged Keshaw Singh towards eastern side. The informant noticed firearm injury upon the stomach, left side and on the leg beneath knee and Keshaw Singh was carried on a cot by Ram Bidya Singh P.W. 3, Ram Sewak Singh P.W. 1 and others. At that very time three culprits got assistance of his gang men who fired to scares the informant and others. The informant changed the way and crossed the boundary of the village and was taken to one Dr. Tiwari (not examined), who injected pain killer. Keshaw Singh was carried upon the jeep to Sasaram hospital but he was pronounced dead. The old enmity was the motive behind the occurrence. The fardbeyan (Ext. 5) was given at Sasaram hospital which was recorded by S.I. Chandra Shekhar Singh P.W. 7 at 09:30 a.m. on 13.07.1985. Formal FIR (Ext. 7) of Sasaram Muffasil P.S. Case No. 283 of 1985 under Section 302/34 of the IPC was registered and it was sent to the court where it was received on 14.07.1985. The inquest report of the dead body (Ext. 8) was prepared. Post -mortem was conducted and the post -mortem report (Ext. 3) was prepared by P.W. 6 Dr. Devendra Nath Sinha. The place of occurrence was investigated. The statements of the witnesses were recorded and some seizures were made but there is no proof that it was sent to anybody rather the evidence is that the copy of seizure list was not transmitted to Chief Judicial Magistrate. The case was found to be true by the police official and so the charge sheet was submitted. Cognizance was taken and the case being triable by the court of Sessions was committed where charge under Section 302/34 of the IPC and Section 27 of the arms Act was explained to the three accused persons who pleaded their innocence and preferred to face the trial and the trial accordingly ensued.

(3.) BEFORE the trial court the prosecution has examined P.W. 1 Ram Sewak Singh, P.W. 2 Harsh Narayan Singh @ Harsh Dev Singh, P.W. 3 Ram Bidya Singh, P.W. 4 Kailash Singh as material and eye witnesses of the occurrence. All these four persons are named as witness in the fardbeyan itself. P.W. 5 is a formal witness and is not aware with the case but he has brought some papers (marked X and X/1 for identification). P.W. 6 has held the post -mortem upon the dead body of Keshaw Singh and P.W. 7 Chandra Shekhar Singh has investigated into the case. No defence witness has come to depose.