SHAMBHU NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been filed by the appellants being aggrieved by and dissatisfied with the judgment of conviction dated 18.06.1991 and that of sentence dated 19.06.1991 passed by the learned 2ndAdditional Sessions Judge, Vaishali at Hajipur in Sessions Trial No.363 of 1990, whereby the appellants have been found guilty for the offences punishable under Section-302/34 of the Indian Penal Code (in short IPC) and have been sentenced to rigorous imprisonment for life. The appellant-Shambhunath Singh has been further found guilty under Section-27 of the Arms Act and appellant- Raj Kumar Mishra has been found guilty under Section-3/4 of the Explosive Substance Act. However, no separate sentence has been passed under Section-27 of the Arms Act or under Section-3/4 of the Explosive Substance Act.

(2.) As noted above in earlier order, these appeals have been on our list for hearing for sometime, though the learned A.P.P. and learned counsel for the informant have been appearing, no one appeared for the appellants who in the past also have been changing Lawyers at different stages. We had, accordingly, appointed Mr. Amish Kumar a Lawyer of this Court to assist us as Amicus curiae.

(3.) We have heard the appeal at length and perused the records. The prosecution case is based on the fardbeyan of one Nawal Kishore Chaudhary (P.W.7) who is the nephew of the deceased, Jugeshwar Chaudhary. It was recorded by Raj Kishore Singh (P.W.9), Officer-in-Charge of Bidupur Police Station at 7 am on 19.10.1989 at village Bala Tand, Police Station Bidupur, District Vaishali at Hajipur, which is 8 Kms. from the Bidupur Police Station. The fardbeyan states that at about 4 pm on 18.10.1989, the uncle of the informant, the deceased Jugeshwar Chaudhary, as usual, went to drink toddy at the place of Upendra Paswan (P.W.4). He sits besides palm tree from which he extracts and sells toddy. After sometime, the informant heard the sound of bomb blast and a gun shot from the direction where his uncle had gone. Out of curiosity he ran. When he reached the house of Jugul Singh, he found that his uncle was lying on a cot and was profusely bleeding from all over his body. When he asked his uncle, what happened, his uncle, in presence of several other people, disclosed that while he was having toddy at the place of Upendra Paswan (P.W.4), three persons, namely, Raj Kumar Mishra, Shambhunath Singh and Sarvesh Kumar Singh came. Raj Kumar Mishra threw a bomb which exploded and he fell to the ground grievously injured. Shambhunath Singh then put a pistol on his chest and fired. Sarvesh Kumar Singh then stabbed him on his head. Neighbouring people who reached immediately decided to carry his uncle to Hajipur for treatment but soon thereafter on way itself he died. He states that his uncle was unmarried and issueless and the reason for this gruesome act was that there had been long standing dispute between Shambhunath Singh and Jugul Kishore Singh. There were cases and counter cases. The deceased had always sided with the said Jugul Kishore Singh. As a result of that this occurrence took place. On basis of this fardbeyan, police case was registered. Police took up investigation and after investigation charge-sheet was filed against Raj Kumar Mishra and Shambhunath Singh because in the meantime Sarvesh Kumar Singh had died. Cognizance having been taken and the case being committed to the Court of Sessions charges were framed. Sanction had been received for prosecution under Explosive Substance Act as well. Appellants pleaded not guilty and were tried and convicted. Hence, these two appeals.