SIYA RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The criminal appeals arise out of common judgment of conviction dtd. 17/7/1996 and order of sentence dtd. 18/7/1996, hence they have been heard together and are being disposed of by this common judgment.

(2.) Both the criminal appeals have been preferred against the judgment of conviction dtd. 17/7/1996 and order of sentence dtd. 18/7/1996, passed by Shri Devi Dayal Prasad, 1st Additional Sessions Judge, Arrah in Sessions Trial No.44 of 1991 arising out of Jagdishpur P.S. case No.121 of 1990, whereby and whereunder the appellant Nos.2, 3, 6, 7 and 8 of Criminal Appeal (DB) No.307 of 1996 have been convicted under Ss. 302 read with 149 of the Indian Penal Code (referred to 'I.P.C.') and have been sentenced to undergo rigorous imprisonment for life with fine of Rs.200.00 each for the offence under Ss. 302 read with 149 of I.P.C. and in case of default of payment of fine, further undergo simple imprisonment for one month. They have also been convicted under Sec. 148 of I.P.C. and have been sentenced to undergo rigorous imprisonment for one year each under Sec. 148 of I.P.C. They have further been sentenced to undergo rigorous imprisonment for one year each under Sec. 27 of the Arms Act. The appellant of Criminal Appeal (DB) No.434 of 1996 has been convicted under Sec. 302 of I.P.C. and has been sentenced to undergo rigorous imprisonment for life with fine of Rs.200.00 for the offence under Sec. 302 of I.P.C. and in case of default of payment of fine, further undergo simple imprisonment for one month. He has also been convicted under Sec. 148 of I.P.C. and has been sentenced to undergo rigorous imprisonment for one year under Sec. 148 of I.P.C. He has further been sentenced to undergo rigorous imprisonment for one year under Sec. 27 of the Arms Act. The sentences of the appellants were directed to run concurrently.

(3.) The prosecution case, as per the fardbeyan of informant Sabha Singh (PW 4), is that on 4/7/1990 at 7:00 p.m. the informant was sitting on his double storied building situated 50 yards west of his zenani kita (house for women) with his son Gajjan Singh (now deceased), Lal Babu Singh, brother Gangadayal Singh and grand son Harendra Kumar Singh (P.W.1). At that time accused Siyaram Singh, Nand Kishore, Gupteshwar Singh, Tapeshwar Singh alias Butan Singh, Awadh Singh, Ramadhar Singh and Bindeshwar Singh of village Charwahin and accused Jagdeep Singh and Satyendra Singh of village Charwahin and accused Jagdeep Singh and Satyendra Singh of village Bhagwanpur along with 8-10 unknown being armed with rifle and gun came from east and confined the dalan and blocked all the ways of the said building and the aforesaid named accused entered into the house of the accused Nand Kishore Singh. The unknown persons confining the informant threatened them not to move. The informant and other persons went upon the roof through ladder. The miscreants started firing in the air. As soon as the informant reached his roof with his relatives, the aforesaid named accused came at his roof from the roof of accused Nand Kishore Singh with the help of a ladder and started indiscriminate firing and started shouting to kill Gajjan Singh. Accused Nand Kishore Singh aimed at Gajjan Singh and fired at him, who fell down and bathed in blood and died at the spot. When the informant and his relatives tried to raise alarm, the aforesaid accused after putting their firearms on their chest threatened with dire consequences. Thereafter the said accused went away after 15 minutes and again threatened the informant and his relatives from the roof of Nand Kishore Singh to keep mum. The informant and his relatives raised no alarm out of fear and remained at the roof near the dead body of Gajjan Singh. When the rain was over at 2:00 a.m. the miscreants went away towards north and east. Thereafter co-villagers Rishi Muni Singh, Bharat Singh came to informant and he divulged them about the entire occurrence. The aforesaid occurrence took place due to the land dispute with accused Nand Kishore Singh.