SUNIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is directed against the judgment dated 26th May, 1992 of the 4th Additional Sessions Judge, Nawada passed in S.T. No. 71 of 1991/20 of 1989 whereby appellant Sunil Singh has been convicted under Section 307 read with Sections 34 and 452 of the Indian Penal Code and also under Section 27 of the Arms Act and respectively sentenced to undergo rigorous imprisonment for seven years, rigorous imprisonment for six months and rigorous imprisonment for one year. Another appellant Anil Singh has been convicted under Section 307 read with Sections 34 and 452 of the Indian Penal Code and respectively sentenced to undergo rigorous imprisonment for seven years and rigorous imprisonment for six months.

(2.) The fard-beyan of the informant Rama Rachha Pandey (PW 3) was recorded by S.I. Ashok Kumar Singh, Officer Incharge, Hasua Police Station on 14th November, 1987 at 4:30 AM. At Hasua Hospital where he (the informant) was lying in injured condition. The prosecution case, as unfolded in the fardbeyan of the informant is that in he preceding night at about 12:10 AM., while the informant along with Arjun Pandey (PW 1) and Awadh Pandey (PW 5) was sleeping in the room of the house, they felt that somebody was knocking the door from outside. He (the informant) inquired as to who he was but immediately thereafter the door was thrashed from outside as a result of which the door broke and fell down inside the room. The informant and PWs 1 & 5 woke up and, in the mean time, two persons entered into the house and started assaulting them with Lathi. They captured their Lathi and snactched it. Then one of the culprits fired shot which hit the informant on his left leg and left hand and PW 5 also received injury. In the mean time, Awadh Pandey (PW 5) who was behind the informant, flashed torch light from behind. The torch light fell on the face of the criminals and in that light the informant identified appellants Sunil Singh and Anil Singh and two unknown persons were also there and all of them fled away after the occurrence. About the cause of occurrence it was stated in the Jardbeyand that the informant had purchased a piece of land from one Barhan Koiri and that north of that land, land of Kameshwar Koiri situated. A rumour floated in the village, that the informant was trying to purchase that land and that one Binda Singh of the village had prohibited the informant from purchasing the land and hence the informant suspected that those persons got the occurrence done by the appellants and others.

(3.) As many as seven witnesses were examined by the prosecution. PW 3 Ram Rachha Pandey is the informant himself. PW 1 Arjun Pandey is the brother of the informant and PW 5 Awadh Pandey is the Sarhu of PW 1. These three witnesses are said to be the eye-witnesses to the occurrence. PW 2 Dr. Kishnaballabh Prasad had examined the injuries on PWs 1 and 3. PW 4 Raj Kumar Singh is a formal witness who had produced the two Lathis and one Gamchha seized by the I.O. from the P.O. These three articles have been marked as Material Ext-1 to Ext-1/1 and Ext- 1/2. PW7 Ramanand Prasad Sinha is also a formal witness who has proved the FIR marked Ext/5. PW 6 Ashok Kumar Singh is the I.O. of this case.