SUDHIR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE four appeals have been filed against the judgment and order dated 23.9.2000 passed by the 6th Additional District and Sessions Judge, Muzaffarpur in Sessions Trial No. 460 of 1995 whereby the appellants have been convicted for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Awadhesh Singh, appellant in Criminal Appeal No. 504 of 2000, has further been convicted for the offence under Section 27 of the Arms Act but no separate sentence has been awarded.

(2.) SEEMA Devi, wife of Suresh Singh, is informant. She gave fardbeyan on 25.4.1995 at 8 a.m. before the police at her house that at about 5 a.m. her husband Suresh Singh while going out through Dumuha (double facing door) Awadhesh Singh, his wife Hemlata Devi, Bikram Kumar, Gautan Kumar, sons of Awadhesh Singh, Swaraj Singh, Kameshwar Singh, Randhir Kumar, Sudhir Kumar, Satish Kumar and Prameshwar Singh caught her husband and started assaulting with fists and slaps. She tried to save him and requested not to assault on which Awadhesh Singh took out a pistol from his waist and fired causing injury on the chest of her husband. He fell down. Hemlata Devi gave a dahia blow on his head. Thereafter, all the accused persons dragged her husband to the room of Awadhesh Singh. There Swaraj Singh assaulted him on his neck. On alarm raised Prema Devi, Pankaj Kumar Singh, Nanton Singh, Suresh Singh and many others came. They entered the room and made a protest on which Awadhesh Singh ordered to run away failing which they shall be killed.

(3.) THE defence of the appellants was that they were innocent and were falsely implicated in the case. The specific defence of Awadhesh Singh was that on 25.4.1995 at about 4/5 a.m. while he was waking up his brother, Suresh Singh, with a farsa along with 5 -6 persons who had covered their faces entered his room. Suresh Singh was intending to give farsa blow on his neck. He caught farsa with his right hand causing injury on his right palm. The persons who had covered their faces assaulted him with lathi, he became senseless and while he was senseless he heard sound of one or two firings and saw that his brother, Suresh Singh, was injured. His wife and two sons fled away and they were weeping.