BASGIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though 19 persons were put on trial on various charges, others having been acquitted, appellants alone suffered conviction, who were sentenced by the trial Court to various terms of imprisonment. As for Basgit Singh, he suffered conviction under Sections 302 and 307/149 of the Indian Penal Code IPC for which he was sentenced to suffer rigorous imprisonment for life for the first count and a term of seven years imprisonment on the second count. He suffered conviction also under Section 27 of the Arms Act for which he was sentenced to suffer rigorous imprisonment for a term of one year. Other appellants, namely, Sipahi Singh, Sudarshan Singh, Haliwant Singh, Haridwar Singh and Ramashish Nau too suffered conviction under Section 302 with the aid of Section 149, IPC and also under Section 307/149 IPC, for which while for the first count, they have been sentenced to suffer life imprisonment, for the second count, they were sentenced to suffer rigorous imprisonment for a term of seven years. They too suffered conviction under Section 27 of the Arms Act, for which they were sentenced to suffer rigorous imprisonment for a term of one year with a rider that all the sentences shall run concurrently.

(2.) Before we notice the narratives made by witnesses at trial, some of the salient features of the prosecution case can be discussed with brevity. At police case was registered on behest of Aliar Singh who in his fardbeyan stated inter alia that on 27th March, 1980, after he was released on bail by Court at Bhabhua, he happed to meet his father Radha Kishun Singh, cousin brother Ram Ayodhya Singh and also Gobardhan Singh and Jag Narain Singh, who had attended Court on the day to secure his release from custody. He also happened to meet Hari Mishra, Ram Kripal Mishra and Lal Muni Ram there and all of them set out for their village Semara. In the midway they also happened to meet Sheojag Singh, father-in-law of Ram Ayodhya Singh. They boarded a bus and alighted on completion of their journey for their house. It was alleged that shortly thereafter when they reached near the corner of his house in a lane, Basgit Singh, Sipahi Singh and Sudarshan Singh resorted to firing by which Gobardhan Singh, Radha Krishan Singh and he himself suffered injury in the lower part of their legs. They being apprehensive ran towards their house and took shelter therein but his house was surrounded by the appellants and their associates, who resorted to indiscriminate firing and some of them also sprinkled kerosene oil on the tiles of roofs of their house and set it on fire. It was alleged that after the house caught fire and they came out of their house to save their lives, Basgit Singh, Haliwant Singh and Ramashish Nau, resorted to firing causing injuries in his arms. Gobardhan Singh too had suffered injuries below his eye brows and his father too suffered injuries on the back and arms. They immediately took shelter in their house, pursuant to which Basgit Singh fired shot on Gurucharan Singh who dropped injured and succumbed to them shortly thereafter. When Ram Kawal Singh and Arjun Singh opened door and came out of the house, the accused persons again resorted to firing causing injuries to them and his grandmother Ekadashi Devi too suffered fire arm injuries when she forbade them to trespass in the house. However, shortly after dafadar came and reprimanded them, the miscreants had retired from the place of occurrence.

(3.) After Police case had been registered, as usual investigation followed, in course of which Police Officer recorded statement of witnesses, visited place of occurrence, got the injured examined by the doctor and got autopsy held over dead body of deceased Gurucharan Singh. Eventually, 19 persons were put on trial and as has been noticed, only appellants alone suffered conviction who were sentenced to various terms of imprisonment.