BIKRAMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) There were originally eleven accused persons named in the FI.R. which was drawn up on the basis of the fardbeyan of the Informant Kameshwar Singh (P.W.4) recorded in Sadar Hospital, Chapra on 19.7.1985. The same number of accused persons were sent up for trial and during which accused Ram Janam Singh died leaving the trial only against ten accused persons, who were ultimately found guilty and convicted of committing offence under section 307 of the I.P.C. Each of the ten accused persons who were covered by the impugned judgment except appellant Singhashan Singh were directed to suffer rigorous imprisonment of seven years and also to pay fine of Rs. 1000/- each, else, to suffer simple imprisonment for six months. So far appellant Singhashan Singh is concerned, he was found aged about 95 years and as such his term of imprisonment was reduced to that of three years but the same quantum of fine was maintained against him with similar condition of serving sentence of simple imprisonment of six months in case of default.

(2.) During pendency of the present appeal, appellant Prabhat Singh died and thus the appeal survives only on behalf of nine appellants.

(3.) It does appear from the facts of the case that some dispute existed between the parties regarding ownership of a brick wall. The prosecution alleged that eleven accused named in the F.I.R. came near the wall and started demolishing it. When they had dislodged a few bricks, the informant came there and claimed to have objected to the demolition of the wall. However, appellant Bikrama Singh alleged to have insisted upon demolishing the wall, whereupon, the Informant requested that an Amin should be appointed and the measurement may be made and if the wall happened to be in the share of the appellants then he was not to object the demolition. It is at this point that the Informant alleged that appellant Bikrama Singh ordered to assault. Appellant Akhileshwar Singh dealt a Bhala blow to the Informant (P.W.4) who attempted to duck the blow and he was hit just below his left eye and received a scratch as an injury. Appellant Parsuram Singh dealt a Farsa blow on the head of P.W. 4 causing cut injury to him and the Informant raised alarm calling his uncle Deonandan Singh (not examined) who came running from his field and was assaulted by appellant Surendra Singh with a sword on his head, as a result of which Deonandan Singh fell on the ground and was assaulted by appellants Parsuram Singh, Nagendra Singh and Shankar Singh with lathi on his chest. Appellant Singhashan Singh is said to have given spade blow on the chest of Deonandan Singh, as a result of which he became unconscious. P.W. 2 Parmeshwar Singh was attracted to the scene of occurrence after hearing commotion, was assaulted by farsa on his head by appellant Parsuram Singh. Appellant Akhileshwar Singh gave bhala blow on the left elbow joint of Parmeshwar Singh, P.W. 2 who was also assaulted by appellant Ramjee Singh with bhala on his leg. It is further alleged that appellant Ramjee Singh gave knife blow on the left rib cage of Parmeshwar Singh (P.W.2) while appellant Lakshman Singh is said to have given a bhala blow on the back of Parmeshwar Singh who fell down on the ground, who attempted to run away from there and in that course he was given sabal blow by appellant Surendra Singh on his right leg, as a result of which he again fell down, whereafter appellant Singhashan Singh gave a spade blow on the back of P.W.2 Parmeshwar Singh.