MANOJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants in this appeal have challenged the judgment and order dated 12.10.2001 passed by Judge, Fast Track Court No.1, Sitamarhi in Sessions Trial No.280 of 1993/157 of 2001 convicting each of the appellants under Ss. 302 and 147 of the Indian Penal Code (in short 'IPC ') and sentencing them to undergo imprisonment for life u/s. 302 of the Indian Penal Code but awarding no separate sentence u/s. 147 of the Indian Penal Code.

(2.) THE case of prosecution, in short, is that on the night between 21.10.1992 and 22.10.1992, deceased Ramjee Rai, the counsin of informant, alongwith informant Ratneshwar Singh (since dead), Sanjay Rai (PW 6) and Pramod Kumar (PW 10), was sleeping in the verandah and he about 1.30 O 'clock woke up and chanting "Sitaram Sitaram" went to the roadside towards north of the house of informant and sat for urination and, thereafter, when he stood up, all the five appellants alongwith Kameshwar Singh (since dead) came from eastern side, pressed his mouth and took him towards western side. Informant raised bulla on which his brother, his son, his neighbour Maheshwar Choudhary (PW 1) and other villagers came and they all followed the appellants. The appellants tied both the hands of deceased on his back and threw deceased in the well of one Ram Briksh Singh (not examined) and ran away towards south and north. The occurrence was witnessed by Fakira Das (not examined), Madan Das (PW 7), Yogendra Das (PW 8) and others. The informant, with the help of his villagers, took out the body of deceased from the well and found that he was dead. Land dispute and other litigation is said to be motive of occurrence. Fard -e -bayan of informant was recorded by Sub Inspector Banarsi Singh (PW 12) at village -Balua at 8.30 AM on 22.10.1992. A case u/s. 302/34 of the Indian Penal Code was registered against the appellants and Kameshwar Singh who died during investigation and, after investigation, chargesheeet was submitted and case was committed to the Court of Session where charges under Ss. 147 and 302/34 of the Indian Penal Code were framed against the appellants. After trial, appellants were found guilty u/s. 147 of the Indian Penal Code. About the charge under Ss. 302/34 of the Indian Penal Code, the Trial Court held that appropriate section in this regard was 302 of the Indian Penal Code and held the appellants guilty u/s. 302 of the Indian Penal Code after acquitting them from the charge under Ss. 302/ 34 of the Indian Penal Code. Each of the appellants, as stated above, was sentenced to imprisonment for life u/s. 302 of the Indian Penal Code and no separate sentence u/s. 147 of the Indian Penal Code was passed.

(3.) ALTOGETHER sixteen witnesses have been examined on behalf of prosecution. Yogendra Das (PW 8) and Rekha Kumari (PW 16) are tendered witnesses. Ram Swarath Singh (PW 14) is the witness on the seizure list which was prepared by police when Dhoti and Ganjee (vest) of deceased were recovered from the compound of deceased and were seized by police. His signature and the signature of other witness Upender Singh on seizure list have been marked as Exhibits -1/2 and 1/3 respectively. Dr.Madan Mohan Thakur (PW 2) had conducted post mortem examination on the dead body of deceased. Dilip Kurnar (PW 5) is son of deceased and is a hearsay witness. Maheshwar Choudhary (PW 1), Ragho Singh (PW 4), Sanjay Kumar (PW 6), Madan Das (PW 7), Ramadhar Singh (PW 9), Pramod Das (PW 10), Tara Devi (PW 11) are said to be eye witnesses to the occurrence. Banarsi Singh (PW 12) is the Police Officer who had recorded the Fard -e -bayan of informant and who first of all took up the investigation of the case and on account of his transfer, handed over the charge of investigation to Naresh Chandra Sinha (PW 3) who, after conducting further investigation, handed over the charge to Akhori Bhupendra Sahay (PW 15), the then Officer -in -charge who also made some investigation and on his transfer, handed over the charge of investigation to Brahma Kunwar (PW 13) who simply submitted chargesheet.