BANARAS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these three appeals arise out of the judgment and order dated 30.3.1992 passed by the learned 4th Additional Sessions Judge, Muzaffarpur, in Sessions Trial no. 319 of 1989/57 of 1989 arising out of Sahebganj P.S. Case no. 110 of 1987. As such, they have been heard together and are being disposed of by this common judgment.

(2.) APPELLANT Banaras Singh has been convicted and sentenced to undergo rigorous imprisonment for three months each under Sections 323 and 147 of the Indian Penal Code. Appellants Rajeshwar Singh and Rambabu Singh have been convicted and sentenced to undergo rigorous imprisonment for six years under Section 326 of the Indian Penal Code and one year under Section 148 of the Indian Penal Code. Batahu Singh has been convicted and sentenced to undergo rigorous imprisonment for three months under Section 323. of the Indian Penal Code. Champa Devi has been convicted and sentenced to undergo rigorous imprisonment for one year each under Sections 324 and 148 of the Indian Penal Code. Appellant Kapildeo Singh has been convicted and sentenced to undergo rigorous imprisonment for six months under Section 147 of the Indian Penal Code. Appellant Baleshwar Singh has been convicted and sentenced to undergo rigorous imprisonment for three months each under Sections 323 and 148 of the Indian Penal Code whereas appellant Lal Babu Singh has been convicted and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for one year under Sections 302 and 148 of the Indian Penal Code respectively. All the sentences have been directed to run concurrently.

(3.) THE prosecution case, in brief, is that the informant Banka Singh (P.W.7) had a homestead land by the side of his house for which a proceeding under Section 144 of the Code of Criminal Procedure was initiated. The proceeding was decided in favour of the informant which caused annoyance to the appellant Banaras Singh. Later on, a Panchyati was also held in the village. The Panchyati suggested the parties to get the land measured by engaging Amins of both the parties. Accordingly, one day prior to the occurrence Ramji Rai was engaged as Amin on behalf of the informant's side and Rajilal was engaged as Amin from the side of the accused Banaras Singh. Both the Amins had measured the land and put a new demarcation line on the land and got constructed the ridge in presence of the villagers and both the parties were put in possession accordingly. On the following night Kapildeo Singh, brother of Banaras Singh and Baleshwar Singh, brother -in -law of Banaras Singh came to the house of the accused -appellant Banaras Singh. On the following day, i.e., on 26.11.1987 at about 8 -30 A.M. all the appellants, namely, Lal Babu Singh, Banaras Singh, Rajeshwar Singh, Rambabu Singh, Batahu Singh, Champa Devi, Baleshwar Singh and Kapildeo Singh forming an unlawful assembly, armed with lathi, farsa, spear and spade came to the disputed land and started demolishing the ridge fixed by the Amins and Panchyat. Krishna Singh (deceased), the son of the informant, asked them as to why they were demolishing the ridge. Soon thereafter appellant Lal Babu Singh assaulted him with spear causing injury in his chest and he fell down. Thereafter, Champa Devi, wife of Banaras Singh, also gave a spear blow which hit the left cheek of Krishna Singh. The informant (P.W.7) and the members of his family, namely, Matuk Singh (P.W.8), Ram Binay Singh (P.W.6), Nandlal Singh (P.W.5) and Awadh Nath Singh (P.W.4) rushed to rescue Krishna Singh. Thereafter, all the accused (appellants) started to assault them with their weapons causing injury to them. Matuk Singh (P.W.8) was seriously injured. Krishna Singh succumbed to his injuries at the place of occurrence itself. However, he was also taken to the doctor with other injured on a jeep. The occurrence was also witnessed by co -villagers, namely, Kapildeo Singh (P.W.1), Harihar Singh (P.W.2), Singheshwar Singh, Janak Dushad, Jagan Dusadh, Ram Naresh Singh, Lalandeo Pathak (not examined), Ramraj Rai (P.W.3), Bishwanath Pathak (not examined) and others.