EKRAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the parties. Since all these appeals arise out of the same judgment of conviction and order of sentence, they are being disposed of by this common judgment.

(2.) The appellants, namely, Ekram Singh @ Baliram Singh, Kamla Singh, Pappu Singh @ Ranjeet Bihari Singh @ Ranjeet Bahadur Singh and Jhunna Singh @ Ranjeet Singh @ Munna Singh (hereinafter referred to as A1, A2, A3 and A4 respectively) faced trial for the offences under Ss. 302 read with 34 of Indian Penal Code (for short 'IPC') and Sec. 27 of the Arms Act in connection with Nokha P.S. Case No.220 of 2014 registered under Ss. 341, 342, 302, 307/34 of the IPC and Sec. 27 of the Arms Act. Altogether seven accused persons including the appellants jointly faced trial for the alleged offences, of whom, three accused persons, namely, (i) Murari Singh @ Murlidhar Singh, (ii) Arun Singh and (iii) Anuj Singh were acquitted, giving them the benefit of doubt. The appellants herein have been convicted for the offences under Sec. 302 read with 34 of IPC and under Sec. 27 of Arms Act and they have been sentenced to undergo R.I. for life, a fine of Rs.30,000.00 each under Sec. 302 of the IPC and in default of payment of fine, to further suffer imprisonment for a period of three months, R.I. for five years and a fine of Rs.20,000.00 each under Sec. 27 of the Arms Act and in default of payment of fine, to further suffer imprisonment for a period of two months. Both the sentences have been directed to run concurrently.

(3.) The gravamen of the allegation as narrated in the FIR is that the appellants/A1, A3 and A4, on 30/12/2014 at 12:00 p.m., started putting soil excavated from a 'Karaha' in the field of the informant where potato-crops were grown. On this being objected to by the informant, victims and his uncle, the accused persons stopped their work, threatened the informant and went away. Thereafter, in the evening at 5:00 p.m., when the informant, his father, namely, Gajendra Tiwary, his cousin namely Bibhav Tiwari and his uncle namely Janardan Tiwari were returning from their field towards their village and had reached near Gamharia Trimuhani chowk, then A1 and A3, carrying pistols in their hands, surrounded them. The other appellants and co-accused persons (since acquitted) also came there on a Bolero vehicle belonging to A3 variously armed and surrounded the informant and the victims. The appellant/A2 ordered the other appellants and co-accused persons (since acquitted) to kill the prosecution party. The informant and others started running towards their house but the accused persons chased them. Then A1 opened fire at the informant's father with a pistol from a close range. He fell down and then the appellant/A4 fired at informant's cousin, namely, Bibhav Tiwari and caused firearm injury to him from very close range near his eye. Thereafter, the accused persons opened fire at the prosecution party. The informant and others entered into a house to hide themselves and because of that, none of them sustained firearm injury. The appellants and other accused persons, thereafter, fled away on the Bolero vehicle. The informant and others then came at the spot where the victims were lying and found his father dead and the cousin seriously injured, who was taken to the hospital, but he also died during the course of treatment.