BHAGWAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No. 607 of 1987 and Criminal Appeal No. 629 of 1987 have been preferred against the judgment and order of conviction dated 30.11.1987, passed by the 4th Additional Sessions Judge, Gaya in Sessions Trial No. 92 of 1986/388 of 1986. These two appeals are being decided by this common judgment.

(2.) All appellants have been convicted under Section 302/149 and sentenced to undergo rigorous imprisonment- for life. Appellant Bhagwat Singh has further been convicted under Section 302/109 of the Indian Penal Code but no separate sentence has been awarded on this count. Appellant Bhagwat Singh and Satyanarain Singh have further been convicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. Appellant Bhagwat Singh has also been convicted under Section 323 of the, Indian Penal Code, and sentenced to undergo rigorous imprisonment for one year. Appellant Ram Binai Sharma and Hirday Narain Sharma alias Babun Singh have further been convicted under Section 149 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for three years.

(3.) The fardbeyan of informant Mithlesh Sharma was recorded by Officer-in-charge of Hulasganj Police Station on 16.6.1985 at 7.30 am at village Khudauri in respect of an occurrence which had taken place at 6.30 am on the same day. According to the fardbeyan of the informant on 16.6.1985 at 6.15 am he along with his brother Akhilesh Sharma and Vijay Sharma were irrigating the plinth already dug by them, at that very moment Bhagwat Singh armed with lathi, Ram Binay Sharma and Hirday Narain Sharma alias Babun Sharma armed with gun, Satyanarain Sharma with lathi and Musahib Singh came out from the house of Bhagwat Singh abusing the informant. Bhagwat Singh asked the informant that why he has dug the plinth over his land. The informant replied that if he had any suspicion he could get the land measured by the Amin. On this reply Bhagwat Singh ordered to kill the informant and others. On the order of Bhagwat Singh, Hirday Narain Singh with an intention to kill fired at Akhilesh Sharma which hit him and he fell down. Binay Sharma also opened fire which perforated the chest of his brother Akhilesh Sharma Satyanarain Singh assaulted Akhilesh Sharma on his left leg with lathi. When the informant ran to rescue his brother he was chased and assaulted by Bhagwat Singh and Musahib Singh with lathi causing injury on his head and both the hands. One stray pellet fired by one of the accused hit the left leg of Renu Kumari, the daughter of Mithilesh Sharma. The occurrence was witnesses by the villager Ram Swaroop Singh, Awadhesh Singh and Bijay Singh.