SUDAMA SINGH Vs. MUNJI SINGH

JUDGEMENT

(1.) These appeals relate to one and the same judgment and order dated 8th and 11th June, 2001 rendered by Sri Rajendra Kumar Mishra, 3rd Additional Sessions Judge, Sasaram in Sessions Trial No. 422 of 1991 arising out of Sasaram (Town) P.S. Case No. 88/89 and were, therefore, heard together and are going to be disposed of by this common judgment.

(2.) Appellants Harendra Singh and Ramji Singh suffered conviction and sentence of life imprisonment under Section 302 of the Indian Penal Code, (hereinafter to be referred to as the Code) while appellants Munji Singh and Sudama Singh were convicted and sentenced to undergo imprisonment for life under Section 302/34 of the Code, and appellant Harendra Singh and Munji Singh were also convicted and sentenced to undergo rigorous imprisonment for five years under Section 27 of the Arms Act, the sentences having been ordered to run concurrently.

(3.) It would be relevant and convenient to reproduce, in brief, the factual scenario of the case as highlighted by the prosecution. The informant Ashutosh Sharan Singh (PW 13) and Jai Kumar Singh (PW 12), both of village Kumbhau situated under the jurisdiction of Sheo Sagar police station of Rohtas district happened to go to the Dharmshala near Gandhi Chowk, Sasaram to see the deceased Rang Bahadur Singh -alias Bachhu Singh who by agnatic relation was the grand father of the informant at about 8.30 p.m. in the night on 13.3.1989. After washing their hands and face they along with the deceased left Dharamshala for going to their village at about 9.15 p.m. No sooner had they gone out of the Dharamshala and had hardly proceeded ahead of its gate than their co-villager Sudama Singh and Ramji Singh of village Deoparsar, P.S. Karakat District Rohtas, who was the son of the brother-in-law of Sudama Singh along with two young unknown miscreants, all having armed themselves with fire arms arrived there. One of the associates of Sudama Singh was having slightly long beard. Accused Sudama Singh (hereafter accused used for appellant) pointing the deceased to the unknown miscreants asked his associates to kill him. In pursuance of his order and instigation one of the unknown miscreants having slightly developed long beard opened fire upon the deceased Bachnu Singh and soon accused Ramji Singh resorted to firing against him as a result of which he sustained injuries and fell down. The other unknown miscreants also opened fire, however, the shot so fired by him did not hit him. All the four accused persons then fled away towards north-east brandishing fire arms which they were having with them.