BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Shri Bhagwan Singh and Sudershan Singh have been convicted under Sections 302/34 and Section 148, IPC and sentence to undergo for life and two years rigorous imprisonment under the respective counts. They have been further convicted under Section 27, Arms Act and sentenced to undergo rigorous imprisonment for two years. Appellant-Bansudeo Singh had died during the pendency of the appeal and so his appeal has become infructuous. Two of the accused, namely, Bikrama Singh and Krishna Nandan Singh have already been acquitted by the trial court. So remains the appeal of appellants-Shri Bhagwan Singh and Sudersan Singh only.

(2.) A fard-e-beyan (Ext. 1) was given by infornment-Krishnawati Kumari (PW 4) daughter of deceased Rajkeshwar Rai on U-4-1980 at 11.30 P.M. in village Ekwari, police-station Sahar, district Arrah to S. I. Ramesh Kumar Singh (PW 10) saying that on the day of occurrence at about 6 P.M. she along with her father deceased Rajekshwar Raiwas going to the flour mill of one Sri Ram Rai for grinding grain power (sattu) and when they reached the turning of a gait (lane) at the house of one Swikriti Singh of the village, the two appellants, Shri Bhagwan Singh and Sudershan Singh being armed with country made guns stopped them there. Thereafter appellant Basudeo Singh (deceased) armed with pharsa and the two acquitted accused Bikrama Singh and Krishnandan Singh armed with bhala came out from behind the heaps of straws and Basudeo abusingly said to kill and ordered to fire. Upon this appellant Shri Bhagwan Singh and Sudershan Singh fired from their guns at her father who fell down. Then Basudeo Singh and Krishnandan Singh assaulted him by pharsa and bhala. She raised alarm which attracted the; villagers and the family members and then the accused ran away. Her father's injuries by pharsa and bhala were bleeding and he died. She gave out the names of the accused and the occurrence to the villagers. Motive for the occurrence was said to be that the parties have a common-court yard (angan) and the accused wanted to forcibly occupy one more room (Kothari) out of share of her father, which he refusing for which a threat was extended by Sukhdeo Singh, father of appellants 1 and 2. They also wanted to take forcible possession over an orchard (Bagicha) belong to the informant's father and for that there was a litigation between the parties in the Court and for that reason in informant's father had been killed by fire-arms, pharsa and bhala. On the basis of this fard-e-beyan a first information report (Ext. 6) was recorded at the police station Sahar on 12-4-1980 at 8.30 A.M. which is said to have reached the Court of the learned C.J.M., Arrah, on 16-4-1980.

(3.) The investigation of the case was taken up by S.I. Ramesh Kumar Singh (PW 10) who had recorded the fard-e-beyan. He prepared the inquest report, examined the witnesses, namely, Ramawati Kumari, Ramdulari Devi, Sakaldip Rai, Baliram Rai, Hari Kishun Rai, Ramji Rai and Keshva Rai (PWs 1, 7, 8, 2, 3, 6 and 5) and sent the dead body for post mortem examination. After completing investigation he submitted charge-sheet against the five accused including the appellants.