VINAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred in the year 1996, i.e. around 27 years ago, against the judgment of conviction dtd. 15/12/1995 and the order of sentence dtd. 16/12/1995 passed by Sri Gopal Jee, 3rd Addl. Sessions Judge, Patna, in Sessions Trial No. 470 of 1993, arising out of Dhanarua P.S. case No. 197/91 whereby and whereunder the appellant has been convicted for the offences under Sec. 302 of the Indian Penal Code (hereinafter referred to as 'the I.P.C.') and Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.30,000.00 under Sec. 302 of I.P.C. and in default of payment of fine, the appellant was further directed to undergo simple imprisonment for five years. The appellant has also been sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.5,000.00under Sec. 27 of the Arms Act and in default of payment of fine, the appellant was further directed to undergo simple imprisonment for two years. Both the sentences so imposed were directed to run concurrently.

(2.) The prosecution case, as per the fardbeyan of the informant Kusumi Sinha before the Officer-in-charge of the Dhanarua P.S. on 4/12/92 at about 8.15 a.m., is that while she was doing domestic works in her house at about 7 a.m., she saw that her gotias Vinay Singh, Sudhir Singh, Dharmendra Singh, Raj Ballam Singh and Jai Prakash Singh @ Pappu were taking water after digging Karaha in her hand in the northern side of her house. The informant objected to it and asked them as to why they were taking water after digging the land. On this, the accused persons aforesaid started abusing her and due to fear, she closed the door of her house. The informant further stated that after sometime, her husband Sunil Singh (deceased) came from outside and asked her not to talk with the accused persons as they were not good persons and after that her husband went on the roof of the house for washing his mouth. In the meantime, accused persons also went on their roof. They were armed with pistols and were uttering that 'Sale ko jaan se maar do'. The informant further stated that accused Mithilesh Devi, Baby Devi and Poonam Kumari were throwing brickbats from their roof to her roof and were uttering to kill her husband. On hearing this, her husband due to fear tried to conceal himself in the north western corner of the roof. In the meantime, accused Vinay Singh fired from his pistol on the person of her husband Sunil Singh which hit in left side of chest and he fell down. Her husband told her as to what she was looking for as he sustained fire arms injury. The informant raised hulla on which Ramji Prasad Yadav, Dasrath Chaudhary, Bachchu Paswan, Jageshwar Paswan of her village and Awadhesh Singh of village Fatehpur arrived at the place of occurrence and they brought her husband to Dhanarua for treatment but on the way, her husband died. The informant further stated that her daughter Mamta and son Ranjit Kumar had seen the occurrence themselves. The cause of occurrence is that the accused persons were digging karaha in her land forcibly for taking water. The informant further stated that accused persons namely Vinay Singh, Sudhir Singh, Dharmendra singh, Raj Ballam Singh, Jai Prakash Singh @ Pappu, Mithilesh Devi, Poonam Kumari and Baby Devi after forming unlawful assembly, armed with brickbats and pistols, committed murder of her husband.

(3.) On the basis of fardbeyan of the informant, Dhanarua P.S. case No. 197/91 was registered under Ss. 147, 148, 149, 337, 302 of the I.P.C. and Sec. 27 of the Arms Act and investigation was taken up. On completion of the investigation, a charge-sheet was submitted and accordingly cognizance was taken. Charges were framed under Sec. 302 of I.P.C. and Sec. 27 of the Arms Act to which the appellant pleaded not guilty and claimed to be tried.