RAM JANAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals relate to one and the same judgment and order rendered by the 2nd Additional Sessions Judge, Arrah in Sessions Trial no. 156 of 1983 arising out of Shahpur P.S. Case No. 32 dated 5/3/1983 and were, therefore, heard together and they are going to be disposed of by this common judgment.

(2.) The appellants alongwith the accused Ishwar Dutta Tiwary faced trial for having committed offences punishable under section 302 of the Indian Penal Code (hereinafter to be referred to as the Code) and the appellant Ram Janam Singh and Ishwar Dutta Tiwary also stood charged under section 27 of the Arms Act. The trial court convicted both the appellants and sentenced them to undergo rigorous imprisonment for life each under section 302 of the Code and it further convicted the appellant Ram Janam Singh and sentenced him to undergo rigorous imprisonment for two years under section 27 of the Arms Act, the sentences having been ordered to run concurrently, acquitting the accused Ishwar Dutta Tiwary of the charges levelled against him.

(3.) The prosecution case as unfolded in the first information report and the evidence of prosecution witnesses lay within a narrow compass. The deceased Narad Rai, Sheomuni Rai (P.W. 2) of village Ramdathi situated within the jurisdiction of Sahar Police Station of Bhojpur District and Jagarnath Choudhary (P.W. 3) of Chhotki Nainijor (Bhimpatti) situated within the same police station and district were going to Arrah in connection with certain court cases on 5/3/1983. When they at about 7.00 A.M. arrived near Sarna Badhar enroute to their destination the appellants Kishundeo Rai, co-villager of the deceased, Ram Janam Singh of village Isharpura and the accused Ishwar Dutta Tiwary of village Nainijor, having gun, Katta and pistol respectively all on a sudden appeared from a wheat field and on being pointed out by the appellant Kishundeo Rai the appellant Ram Janam Singh and the accused Ishwar Dutta Tiwary shot at the deceased as a result of which he sustained injuries and fell down whereafter the appellant Kishundeo Rai inflicted Katta blows on him. The deceased succumbed to the injuries on the spot. In pursuance of alarm raised by P.W. 2 and P.W. 3 several persons of village Sarna arrived at the scene of incident. The accused persons including the appellants started fleeing away. The people of village Sarna including Shambhunath Singh who had reached the place of occurrence from badhar chased them and they succeeded in apprehending the appellant Ram Janam Singh with a gun at village Suhiya. After a short while Krishna Rai, the Sub Inspector of Police-cum-Officer Incharge of Shahpur Police Station (P.W.7) arrived at the scene and he arrested Ram Janam Singh and recovered the gun from his possession.