PARMANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is against the judgment dated 3rd March, 1992 of the 6th Additional Sessions Judge, Patna passed in Sessions Trial No. 507 of 1985 / 22 of 1987. whereby each of the four appellants Parmanand Singh, Krishna Singh, Hare Kishun Singh and Arjun Singh was convicted under Sections 324 and 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each under each of the two counts. Appellants Singhasan Singh and Hulash Singh were convicted under Sections 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months each under each of the two counts. Appellant Raj Ballam Singh was convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three months.

(2.) The prosecution case, vide the fard- beyan (Ext-1) recorded on the statement of informant Shambhu Singh on 16th March 1984 at 10:30 A. M. in Bakhtiarpur Hospital is that, that day (16-3-1984) at 7:00 A.M., while he (the informant) along with Ramdeo Singh (P. W. 2) and Baliram Prasad (P. W. 4) was going to his field and when they reached towards north in their agricultural field, all the four appellants Parmanand Singh, Krishna Singh, Hare Klshun Singh and Arjun Singh carrying Bhala and appellants Singhasan Singh and Hulash Singh carrying Lathi Surrounded them and informant as well as Ramdeo Singh (P. W. 2) were assaulted by means of Bhala at the hands of these four appellants Parmanand Singh, Krishna Singh, Hare Klshun Singh and Arjun Singh and the two appellants Singliasan Singh and Hulash Singh by means of Lathi. Three other persons namely Hari Singh, Bhagwat Singh and Daroga Singh were also mentioned as assailants in the fard-beyan and they were put on trial before the trial Court but they have been acquitted by the trial Court. About appellant Rajballam Singh it is alleged in the fard- beyan that while the assailants were fleeing alter assault he had fled way firing shots.

(3.) The defence of the appellants before the trial Court was of denial of the occurrence and the plea of counter case lodged by the appellants was also raised. As many as seven witnesses were examined by the prosecution. They were P. W. 3 Shambhu Singh, the informant, P. W. 1 Ramdas Singh and P. W, 2 Ramdeo Singh, the full brothers of the informant who deposed as eye witness to the occurrence. P. W. 4 Baliram Prasad was a tendered witness and he did not say about the occurrence. P. W. 5 Sant Kumar Singh is a co-villager who deposed as an eye witness. P. W. 6 Dr. L. N. Prasad had examined the injuries on the informant and P. Ws. 2 and 4. P. W. 7 Ramashish Prasad was the I. O. of the case.