JAG NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) The appellants of the aforesaid appeal have been convicted under Section 302/34 of Indian Penal Code and were sentenced to undergo rigorous imprisonment for life, they had further been convicted under Section 307/34 of Indian Penal Code, and were sentenced to undergo rigorous imprisonment for ten years and they were also convicted under Section 27(1) of Arms Act, and were sentenced to undergo rigorous imprisonment for seven years. However, all the sentences were ordered to run concurrently.

(3.) The brief facts of the case is that on 1.7.1991 at 5 p.m. the informant (Satrughan Singh Yadav) along with his younger brother Chandra Madhaw Singh, Umesh Singh and Chandrama Singh were returning from Bikramganj Court through Natwar Bazar. When they reached south of canal bridge of Ashiyan Tola the accused persons Jag Narayan Singh, Kanhaiya Singh came from east and Nand Kumar Singh, Ashok Singh, Ram Raj Singh and Ram Bilas Singh came from south. It has been alleged that all these accused persons surrounded the deceased Chandra Madhaw Singh, the younger brother of the informant. He (deceased, Chandra Madhaw Singh) jumped n the drain, full of water, situated in the west of the canal. The informant and other persons went towards west. Thereafter the accused Ram Bilash Singh accosted to kill Chandra Madhaw Singh and also fired a short from his gun. Thereafter Jag Narayan Singh, Nand Kumar Singh, Ashok Singh and Ram Raj Singh also opened fire but everybody missed the target which was in the water. It has been stated that Chandra Madhaw Singh came out of the water and tried to run away but the accused Ram Raj Singh and Ashok Singh caught hold him and jag Narayan Singh fired his pistol from the close range. The bullet hit the head of the deceased and the deceased fell down near the canal beiges. It has been stated that when the deceased Chandra Madhaw Singh fell down Nand Kumar Singh fired his weapon causing injury on the right arm of the deceased Chandra Madhaw Singh, thereafter Kanhaiya Singh gave spade (Kudal) blow on his head. It has been stated that accused Ram Bilash Singh and Kanhaiya Singh were armed with DBBL guns and Ashok Singh and Nand Kumar Singh armed with country made pistol. Accused Jag Narayan Singh was armed with rifle. The informant and others raised alarm. Thereafter the accused persons fled away. Thereafter the informant came near the deceased Chandra Madhaw Singh and saw his brother lying in injured condition. It has been stated that other persons came and also saw the occurrence. It has been further stated that after killing Chandra Madhaw Singh the accused persons were to the village and raised triumph (Jaikara) near the house of the informant and fired few shots causing injury to Smt. Urmila Devi. Thereafter the fardbeyan of the informant was recorded and a case under Section 302 of the Indian Penal Code, was registered against the accused persons. After completion of the investigation, chargesheet was submitted, accordingly cognizance was taken and the case was committed to the Court of Sessions for trial. Ultimately the trial concluded with the results as indicated above. Hence this appeal.