RANA SATYA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one knew the 12th March, 1990 when the people were celebrating and rejoining Holi festival would turn into the most unfortunate and gloomy day for the family of the informant Chandra Shekhar Prasad Singh (PW 8) of village Markama situated under the jurisdiction of Sikandra Police Station of Munger district. It so happened that when at about 9.00 pm. In the night a number of villagers including the deceased Pawan Kumar Singh aged about 16 years, the only son of Kusheshwar Singh singing songs of Hole arrived near the house of appellant Rana Satya Narain Singh who along with his four sons including appellant Rana Niranjan Singh got infuriated and annoyed and they with gun, pistols and pharsa in their hands arrived at the scene of incident and started hurling abuses. The informant protested against their high handed and illegal act of hurling abuses whereupon Rana Satya Narain Singh and his four sons including appellant Rana Niranjan Singh got infuriated and enraged and some of them resorted to firing, of course, in the air. The ill fated chap Pawan Kumar Singh out of fear wanted to flee away in a bid to save his life. In the meanwhile appellant Rana Satya Narain Singh ordered and instigated his sons who were all accused in the case to do away with all who had reached there singing Holi saying no one should be allowed to make good escape. In pursuance of his order the appellant Rana Niranjan Singh inflicted a farsa below on the head of the tender aged boy Pawan Kumar Singh as a result of which he sustained serious, grievous and dangerous injury and fell down unconscious and soon he was removed to the State dispensary, Sikandra where he was declared dead. Anil Kumar Singh (PW 1), Sunil Kumar Singh (PW 2), Upendra Singh (PW 4), Arun Kumar Singh (PW 6), Ram Lakhan Singh and others are said to have witnessed the incident leading to the death of the deceased.

(2.) Old animosity emanating from long drawn laid dispute between the parties is said to have impelled the accused persons including the appellants to take extreme steps of eliminating the deceased.

(3.) With these accusations the informant (PW 8) submitted a written report to the Officer-in-Charge of Sikandara Police Station on the basis of which formal first information report was drawn-up and Sikandara PS Case No. 38/90 was registered against Rana Satya Narain Singh and his four sons, namely, Rana Niranjan Singh, Rana Dilip Singh, Rana Pradeep Singh and Rana Ranjeet Singh. As usual investigation commenced, the Police Officer inspected the place of occurrence, held inquest over the dead body of the deceased, caused the dead body to be sent to Mortuary for autopsy, recorded statements of the witnesses, took steps for apprehension of the accused, collected post mortem examination report and on conclusion of investigation filed charge- sheet against all the five accused persons including appellant Rana Satya Narain Singh and Rana Niranjan Singh thereinafter the "accused" to be used in place of appellant.