RAM KESHWAR SINGH Vs. STATE

JUDGEMENT

(1.) BOTH the appeals related to one and the same judgment and order dated the 20th and the 23rd January, 2001 passed by the 5th Additional Sessions Judge, Aurangabad in Sessions Trial No. 212 of 1981 arising out of Haspura P.S. Case No. 6 (6) 1980 and hence they were heard together and are going to be disposed of by this common judgment. The deceased Dr. Ram Kumar Singh and Laxmi Singh of village Mauari situated within the jurisdiction of Haspura Police Station of Aurangabad district were in the evening at about 6.00 -6.15 P.M. on 13.6.1980 returning home from Panchrukhia market. No sooner had they arrived at the place of occurrence situated at a distance of about 300 yards from the aforesaid market enroute to their house then certain miscreants exploded bombs causing the death of Dr. Ram Kumar Singh and thereafter, they caught hold of Laxmi Singh and cut his neck causing his death about 50 yards away from the dead body of Dr. Ram Kumar Singh. The informant Ram Sumiran Sharma (P.W.1) who had been at Panchrukhia More for purchasing vegetables after hearing sound of explosion rushed to the scene of incident along with Awadhesh Sharma (P.W. 2), Haridwar Singh (P.W. 9), Ramashray Singh (P.W.6), Brij Kumar Sharma (P.W.3). They saw Dr. Ram Kumar Singh lying dead in a pool of blood and they also saw the miscreants catching hold of Laxmi Singh and cutting his neck. They all chased the miscreants but they could not be apprehended and they made good escape and fled away opening fire, however, the shots so fired by them hit none. The witnesses claimed to have seen and identified all the six miscreants (accused -appellants) by their face, who cut the neck of the deceased Laxmi Singh and caused his death. One of the miscreants left his shoes at the place of occurrence while fleeing away from there. It was stated that in the evening on the same day at about 4,00 P.M. -4.30 P.M. the accused Ram Keshwar Singh, Mukhiya of Dhanni was seen along with some unknown persons at Panchrukhia More near a tea stall and at that time Ramkeshwar Singh pointing his finger to the deceased Dr. Ram Kumar Singh and his clinic was getting him identified by the unknown miscreants.

(2.) THE motive attributed behind the commission of crime was that Ramkeshwar Singh happens to be the leader of his caste and one of his caste men was earlier killed and on that account tension prevailed between the caste of the accused and that of the deceased and to avenge the killing of his caste man the accused Ramkeshwar Singh alongwith others hatched up a criminal conspiracy and in pursuance thereof the deceased were eliminated.

(3.) INVESTIGATION was taken up by Chandra Bhushan Sharma (P.W. 15) immediately after recording the first information report on 13.6.1980. He visited the place of occurrence and inspected the same. He prepared inquest reports (Exts. 5 & 5A) in respect of the dead bodies of the deceased Dr. Ram Kumar Singh and Laxmi Singh. He seized blood, splinters of bomb and a pair of chose from the place of occurrence where Dr. Ram Kumar Singh was lying dead and blood and two live cartridges from the place where the dead body of Laxmi Singh was found and prepared seizure list (Exts. 10 & 10/A) in presence of Tapeshwar Singh (P.W. 8), Chandeshwar Singh (P.W 11), Ram Prasad Singh (P.W. 7) and Bijay Kumar Singh (P.W. 10) who also put their signature thereon, caused the dead bodies to be sent to mortuary with Chaukidar Laxman Yadav (P.W. 12) and constable Shamshul Haque, where Dr. S.J. Rahman (P.W. 4) held autopsy on the dead bodies of the deceased and prepared postmortem examination reports (Exts. 2 & 2/1), pressed the services of tracker dog, took steps for putting the suspects on Test Identification Parades, which were held by Mr. Prem Kumar Roy, Judicial Magistrate (PW. 5) on 8.8.1980 and 25.8.1980.