RAM KRISHNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal against the conviction and sentence in respect of offence under sections 302/149 of the Indian Penal Code (for short 'I.P.C.') was preferred by four appellants, by which they were sentenced to undergo rigorous imprisonment for life. Appellant no.1 Ram Krishna Singh is reported to have died during the pendency of the appeal and, accordingly, the appeal in relation to appellant no.1 Ram Krishna Singh stands abated. The remaining three appellants (for convenience 'the appellants') are all brothers and, admittedly, not the direct assailants.

(2.) The prosecution case is based upon the fardbeyan of Ram Sujan Singh (P.W.6) as recorded at about 9 pm on 09.02.1984 at the Sadar Hospital, Begusrai, inter-alia, alleging that the informant Ram Sujan Singh and his brother Ajay Kumar Singh (the deceased) were returning to their village Babhangama from Begusarai, where they had gone in respect of purchasing some fertilizer. When they reached the Tea Stall of Bishwanath Jha (not examined), they found Atma Ram Singh (P.W.1), Shashi Kant Singh (P.W.2), Bachcha Singh (P.W.4) and Arun Kumar Jha (not examined) having tea. They asked the two brothers i.e. informant and the deceased also to sit down and have tea, whereupon they sat down. Ajay Kumar Singh started reading newspaper and the informant was sitting across on a bench. Suddenly from the back, the four appellants and one another Ajay Kumar Singh along with two other unknown persons came, all armed with pistols, and surrounded informant's brother Ajay Kumar Singh. It is then said that the deceased appellant Ram Krishna Singh and appellant Rama Kant Singh gave orders to shoot Ajay Kumar Singh (informant's brother), upon which appellant Surendra Singh and two other unknown persons, caught hold of Ajay Kumar Singh and appellant Sachidanand Singh and another Ajay Kumar Singh fired at the informant's brother, who received injury on his back and fell down. Seeing this, the informant and other ran away. The informant came to his village and then with P.W.5 Uday Kumar Singh and others he returned to the Tea Stall and found his brother Ajay Kumar Singh lying on the ground severely bleeding. He was then carried on a rickshaw to Begusarai Sadar Hospital, where he was declared dead. The motive or the reason behind this occurrence is said to be that the appellants wanted to purchase some land, but the deceased Ajay Kumar Singh purchased that land denying the appellants of the opportunity to purchase the same, which had enraged them and, therefore, the occurrence, as alleged, had taken place. This fardbeyan had been recorded at 9 pm on 09.02.1984 at Begusarai Sadar Hospital by A.S.I. of Begusarai P.S., but as the place of occurrence being Karichak Chowk near Babhangawan lay within Barauni P.S., the same was forwarded to Barauni P.S., where it was registered as an F.I.R. at 6 am on 10.02.1984 and one Isteuyak Ahmad (P.W.7) was entrusted investigation. At 7 am on 10.02.1984, the inquest was prepared at Begusarai Sadar Hospital by Begusarai Police (not by Barauni Police).

(3.) Upon investigation, the Police did not submit charge-sheet against the appellants, rather charge-sheet was submitted against one Ajay Kumar Singh and Md. Muzahir Mian. The Magistrate having perused case-diary differed from the charge-sheet and took cognizance against the four appellants as well as the two charge-sheeted persons for an offence under section 302/149 of the I.P.C. The matter was committed to the court of session. In the meantime, this Ajay Kumar Singh, against whom cognizance was taken, had been shot dead by one of the prosecution witnesses i.e. P.W.4 Bachcha Singh. So far as Md. Muzahir Mian is concerned, he was discharged as there was no material in the case-diary against him. That left the four appellants, who were then charged under sections 302/149 of the I.P.C. and having pleaded not guilty they were tried and convicted accordingly. As noted earlier, appellant Ram Krishna Singh has died during the pendency of this appeal.