DINESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, Dinesh Singh is convicted under Section 302 of the Penal Code and Section 27 Arms Act for killing one Ram Binod Singh by firing a shot at him from a country-made pistol He is sentenced by the Trial Court to rigorous imprisonment for life and for three years respectively for the two offences.

(2.) The prosecution case was instituted on the basis of the statement of Devendra Pd Singh (PW 4) made on 29.11.1986 at 9.10 a.m. at the railway crossing near Barauni flag railway station. The statement was made in presence of Vijay Shankar Singh (PW 1), Shri Narain Singh (PW 2) and Ashwini Kumar Singh (PW 3, son of the deceased) and it was recorded as fardbayan by the Officer InCharge, Teghra P.S. A formal FIR (Ext. 4/1) was later drawn up on the same day at 11 a.m. giving rise to Teghra P.S. Case No. 127 of 1986.

(3.) In the fardbayan the informant (PW 4) stated that in the morning of 29.11.1986 he had gone to Teghra at the house of Ram Binod Singh. At that time he was coming out of his house with a cycle. He accompanied him and requested him for going to the Divara for taking measurements of lands there. Thus talking, they reached near the Barauni flag station railway crossing. There, they met Vijay Shankar Singh and Shri Narain Singh who were the informant's co-villagers. They were going somewhere out. They started talking there. Ram Binod Singh asked the informant to carry on along with the two saving that in the mean while he would go to Pandit Ji to show him the horoscope. The informant further stated that they were talking (informant Vijay Shankar Singh and Shri Narain Singh) for about half an hour when he saw Ram Binod Singh coming back on cycle towards the Gumti. At the same time he saw Dinesh Singh, Ramadhar Singh and Biswanath Singh standing together on the road at a distance of about 5-6 yards towards north of the Gumti. From a little distance. Dinesh Singh said Pranam to Ram Binod Singh and on this Ram Binod Singh stopped the cycle, planting his leg (s) on the ground without dismounting from the seat. At this point. Biswanath Singh fired a shot at him from a country-made pistol. Dinesh Singh fired the second shot from a country-made pistol that hit him near the left ear. Ramadhar Singh also shot at him but it mis-fired. Then Ramadhar Singh hit him hard in the face with the butt of the pistol. Shri Ram Binod Singh fell down on the ground. It was 8.25 in the morning at that time.