SIKANDAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) intense fondness, allurement and infatuation for land among the people of the state particularly those belonging to peasantry class has been taking heavy toll of human lives for quite sometime. Innumerable persons lost their lives owing to land dispute and litigations arising thereafter between the deceased and their marauders. The murder of 20 year youth upendra singh giving rise to the instant case is one in the series of murder committed over trifling matter emanating from land dispute between the parties.

(2.) shorn of unnecessary details factual matrix of the case is : there is a piece of land infront of the cattle-shed of the deceased-upendra singh. His cattle were fed over the land in question. There was dispute between the parties.over the land and title suit with respect to the same was pending. In the morning at about 9-10 a.m. on 23-12-1987, the deceased was sweeping and cleaning the said land. Just then the accused-rajeshwar singh alias kamta singh happened to reach there and he protested against the act of the deceased saying that the land belonged to him. The deceased did not pay heed to the protest and he continued cleaning the land. There ensued exchange of hot words. In the meanwhile, the accused-nagina singh (since dead) got infuriated and enraged and he ordered and instigated elimination of the deceased. Soon rajeshwar singh went to his house and came back with gun accompanied by sheoji singh alias akshay singh, awadhesh singh (since dead), sikandar singh, harendra singh, shankar singh alias shiv shankar singh and beshlal singh alias banshlal singh who were also armed with various lethal weapons such as spear, farsa and lathi. After having picked up quarrel and exchange of hot and abusive words the accused- rajehswar singh resorted to firing against the deceased as a result of which he sustained injuries on his chest, abdomen, arm and forearm. Rajendra singh (p.w. 4) rushed to save his brother, the deceased-upendra singh but to his utter dismay and surprise he was also shot at by rajeshwar singh as a result of which he sustained injuries on his head, forehead and cheek. The deceased succumbed to the injuries instantaneously on the spot.

(3.) in pursuance of alarm, certain villagers including jagish singh (p.w. 1), samhoot singh (p.w. 2), harihar singh (p.w. 3) and chandrama singh arrived at the scene and they witnessed the incident leading to infliction of injuries on the deceased and his brother rajendra singh (p.w. 4).