BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants Shri Bhagwan Singh and his son Rama Shankar Singh were put up for trial before the 4th Additional Sessions Judge, Saran at Chapra. They were charged under Section 302 read with Section 34 of the Indian Penal Code (hereinafter to be referred to as the Code). The appellant Shri Bhagwan Singh also stood charged under Section 27 of the Arms Act. The trial Court vide judgment and order dated the 29th and the 30th September, 2000 rendered in Sessions Trial No. 277 of 1999 found and held the appellants guilty and convicted and sentenced them to undergo rigorous imprisonment for life each under Section 302/34 of the Code and it further convicted the appellant Shri Bhagwan Singh under Section 27 of the Arms Act, and sentenced him to undergo rigorous imprisonment for five years thereunder, both the sentences inflicted upon the appellant Shri Bhagwan Singh having been ordered to run concurrently.

(2.) IT would be relevant and convicted to state, in brief, the factual scenario highlighted by the prosecution. The informant Dr. Triloki Sharma (PW 5) and his brother Shri Bhagwan Sharma (deceased) were at about 9.00 a.m. on the 25th August, 1998 sitting and talking to each other on a chowki at his dochara (also called darwaja/ dalan) situated contiguous to their house by the side of the brick laid road. Just then both the appellants arrived there on a motorcycle. After getting -off from the vehicles they with pistols in their hands went to the dochara and the appellant Shri Bhagwan Singh opened fire upon the deceased as a result of which he sustained, grievous injury on abdomen right side. Both the appellants then coming, out of dochara boarded the motorcycle to flee away but the vehicles becoming unbalanced fell down whereafter they ran away opening fire from their pistols leaving the motorcycle there. Certain villagers after hearing hue and cry assembled at the scene and witnessed the occurrence. The deceased was lifted and put on a cot. for being taken to Sadar Hospital, Chapra, however, he succumbed to injuries on way to the hospital where he was declared dead. The land dispute between the parties is said to have acted as motive impelling the appellants to translate their cherished ill designed plan into action.

(3.) THE State examined 12 witnesses at trial in order to bring more home the charges levelled against the appellants. PW 1, Ram Binay Sharma, PW 2, Ram Pravesh Sharma, PW 3, Shatrughan Singh, PW 4, Lal Babu Sharma and PW 5, Dr. Triloki Sharma, the informant, are eye - witnesses to the incident leading to the death of the deceased. As stated above, PW 6, Dr. Shaligram Vishwakarma held postmortem examination on the dead body of the deceased and PW 9Bhikhari Ram investigated into the case. PW 7 Awadh Bihari Pandey, PW 8 Sanjay Kumar, PW 10. Suresh Prasad Singh, PW 11 Wakil Ram and PW 12, Dasai Ram were formal witnesses.