KESHO SINGH Vs. STATE OF PATNA

JUDGEMENT

(1.) Criminal Appeal No. 901 1989 has been filed by appellants - Kesho Singh, Bihula Rai, Ram Prasad Rai, Mahendra Tatwa, Dip Narain Singh, Durga Singh, Guddi Mandal & Bhulan Rai against their conviction under section 302 read with section 149 of the Indian Penal Code (hereinafter referred to as I.P.C.) and sentence of rigorous imprisonment for life. Bhulan Rai has further been convicted under section 323, I.P.C. and sentenced to six months rigorous imprisonment. Criminal Appeal No. 144 of 1989 has been filed by Sakali Rai against his conviction under section 302 & also section 302 read with section 149, I.P.C. life sentence under each count since both the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment. One accused Mahabir Singh, who has not been charge-sheeted, is said to have died.

(2.) The case of the prosecution is that a fardbeyan (Ext. 7) was given out by Motilial Yadav (P.W. 6) brother of deceased Ragnuni Yadav on 3.7.1978 at 1.30 p.m. at Baushi Hospital to AX. Sinha (P. W. 15) which formed the basis of the first information report (Ext. 8). The informant has said that he had got a sale-deed of land measuring 1 bigha 1214 kathas of Khata No. 50 from Bhulan Rai son of Tulsi Rai about three years ago and for the last two years he was in possession by sowing the crop. This year Bhulan Rai started quarrelling by saying that he had not executed the sale-deed and so he would allow to plough the land. On 3.7.1978 in the morning at about 8 A.M. when he went to the land to plough the same along with his elder brother Raghuni Yadav (deceased) and other labourers. While he was ploughing the land which is south of the house of Bhulan Rai then Bhulan Rai and nine other accused including Mahabir Singh arrived there armed with bhala, lathi and tengari and stopped the informant from ploughing the land, whereupon the informant said that he had purchased the land. Then Bhulan Rai assaulted on the head of the informant and Mahabir Singh also assaulted by lathi. The informant on getting the injuries fell down. Then Sakil Rai assaulted Raghuni Yadav brother of the informant by tengari on his head upon which he fell down and became unconscious on the spot. Upon alarm persons of village came and the accused ran away. This occurrence is said to have been seen by Huro Mahaton, Vishun Mahaton, Muneshwar Marik & Gyani Mahaton M. Yadav (P.Ws. 4, 3,2 and 1).

(3.) The informant Motilal and his brother Raghuni Yadav were medically examined by Mr. Shrideo Mandal (P.W. 12) of Baushi Hospital on the same day (3.7.1978) at 11.40/11.45 A.M. and he found one injury on the person of the informant, being simple in nature, caused by hard blunt substance for which injury report Ext. 5 is there, Raghuni Yadav was found to have received two injuries, lacerated wound on the right side of the head and swelling on the right side of the head and bleeding from the mouth, nose and right ear due to injury in the internal part of the head and the injuries were grievous in nature and the victim was unconscious. His report is Ext. 5/1. He was referred to the Bhagalpur Medical College Hospital for treatment where he died on 4.7.1978.