BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 21-12-1987 passed by the Additional Sessions Judge, Patna at Barh, in Sessions Trial No. 131 of 1984 convicting and sentencing all the four appellants to undergo imprisonment for life under Section 302/34 of the Indian Penal Code (for short, IPC) and further convicting and sentencing the appellant Bhola Singh to undergo R.I. for two years under Section 324, IPC but both the sentences against appellant Bhola Singh directing to run concurrently, all the four appellants in this appeal have challenged the judgment and order of their conviction and sentences.

(2.) The case of prosecution, briefly stated, is that on 17-12-1981 at about 5 p.m. deceased Shashi Bhushan Singh alias Lugan, younger son of informant Harbansh Singh (PW-5), went to verandah of his Bungala (a , sitting place) to tether his cattle. At that time, all the appellants who were sitting in the flour mill of appellant Bhola Singh, who is cousin of informant, situate in the southern portion of joint Bungala, asked the deceased not to tether his cattle there. When deceased replied that the Bungla belonged to him and why he was being prevented to tether his cattle, appellant Bhola Singh ordered remaining appellants to kill him and thereafter all the four appellants threw the deceased on the ground and appellant Ashok Singh assaulted the deceased on his head and forehead by means of a stone being used as weight causing bleeding injuries from mouth and nose. Appellant Ram Bilas Singh assaulted the deceased by an iron rod on his head. That also caused swelling and bleeding 'both from mouth and nose and appellant Anil Singh gave a 'chhura' blow on the left side of his back causing bleeding injury. When informant tried to rescue his son, appellant Bhola Singh gave a 'chhura' blow on his back below, the neck and informant also received bleeding injury and fell on the ground. At the time of occurrence, Chandra Bhushan Singh (PW-2), elder son of informant, villagers Narsing Singh and Mahendra Singh (both not examined), were present there who witnessed the occurrence. After assault appellants fled away towards their house situated in the north direction and informant with the help of aforesaid witnesses who were present there, took his son on rickshaw to Jalalpur Hospital where his son died. Informant was referred to Barahiya State Hospital for treatment where his fardbeyan was recorded by SI, R. S. Singh on'the same day at about 6 p.m. A case under Ss. 302/307/324/34, IPC was registered against all the appellants and police after investigation submitted charge-sheet. Cognizance of the case was taken and the case was committed to the Court of Session where charges under Section 302/34, IPC against all the four appellants and additional charge under Section 307, IPC against appellant Bhola Singh were framed. After trial, all the four appellants were found guilty and they were convicted and sentenced as stated above.

(3.) The case of appellants during the trial, as it appears from the evidence of defence witnesses examined on their behalf and from the trend of cross-examination of prosecution witnesses is that no occurrence as alleged ever took place and deceased received injuries while looting a truck and he died of those injuries and appellants have been falsely implicated in this case for their enmity with family members of informant on account of partition between the parties.