SIKANDAR SINGH @ MANGAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals have been preferred by the appellants against the judgment and order of conviction dated 11.12.2000 passed by Vllth Additional Sessions Judge, Begusarai, in Sessions Trial no. 86 of 1998. Appellants, Sikandar Singh @ Mangal Singh, Dablu Singh, Ajay Singh @ Bucha Singh and Promod Singh have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. All the appellants have further been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years.

(2.) ON the basis of the fardbeyan of the informant (P.W. 11) Barauni (Garhara) Police instituted a case on 30.8.1997. The fardbeyan was recorded by the Sub -Inspector of the Garhara Police Station. In his fardbeyan the informant stated that in the night of 29/30.8.1997 his father after taking his meal was sleeping on the Varandah on a cot. His mother was also sleeping on a separate cot by the side of his father. He returned after visiting mela of Krishnajanmashtami from Garhara. He entered the house and woke up his mother. Just thereafter accused Dablu, Sikandar, Promod and Ajay Singh, armed with country made pistol came at the darwaja of the informant. Ajay Singh came and stood by the side of his mother and asked her not to raise alarm. The informant out of fear ran away and concealed himself behind a Maruka. From there he saw that Sikandar Singh, Promod Singh and Ajay Singh started firing at his father and his father succumbed to his injuries. Hearing the sound of firing as well as alarm, Rajiv Kumar Rai, Bachan Kumar Rai, Arvind Kumar, Achaybat Singh and Umesh Singh came there. All the four accused thereafter started fleeing away towards estern side. The reason behind the occurrence is that one Kailash Rai, one day the informant and demanded Rs. 50,000/ - as subscription which was refused by his father and resulted into this occurrence. The case was investigated by the officer incharge of Barauni (Garhara) Police Station. After investigation chargesheet was submitted by him and on receipt of the charge -sheet cognizance was taken and the case was committed to the court of sessions and on completion of trial the accused -appellants were convicted, as stated above.

(3.) PROSECUTION in order to prove its case examined altogether twelve witnesses. P.W.1, P.W.7 and P.W.9 are the witnesses, who claimed to have seen the accused persons fleeing away after committing murder of Madan Mohan Rai. P.W.2 Shanti Devi is the wife of deceased Madan Mohan Rai and an eye witness to the occurrence. Another eye witness is P.W.11 Ranjeet Kumar Rai, son of deceased Madan Mohan Rai. P.W.3, Krishnandan Rai, has been examined as witness of seizure list and has proved his signature on the seizure list. P.W.6, Rajiv Kumar Rai and P.W.8 Shiv Nandan Singh are formal witnessess. P.W.10, Abu Nassar, is the second investigating officer of the case who has only submitted chargesheet in the case. P.W.5, Dr. Vijay Kumar, has conducted post mortem on the deceased and submitted the postt mortem report. P.W.12 Parsuram Bhatt, is the investigating officer of the case.