DEO NANDAN SINGH Vs. UMESH SINGH

JUDGEMENT

(1.) These two criminal appeals are arising out of the judgment of conviction dtd. 18/2/2017 and the order of sentence dtd. 27/2/2017 passed by learned Additional District and Sessions Judge-I, Gaya (hereinafter referred to as the 'trial court') in Sessions Trial No. 251 of 2006 (SJ) /9 of 2016 registered under Ss. 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code (in short 'IPC') and Sec. 27 of the Arms Act.

(2.) By the judgment under appeal, the learned trial court has found all the five accused persons guilty of the charge of the offence under Ss. 302/34 IPC and Sec. 27 of the Arms Act. Accused Tanik Singh (A-5) and Umesh Singh (A-1) have been further held guilty for the offence under Sec. 325/34 IPC. Accused Deo Nandan Singh (A-3), Babloo Singh (A-2), and Prabhanjan Singh (A-4) have been found guilty of the charge for the offence punishable under Sec. 323 IPC. They have been sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000.00 for the offence punishable under Sec. 302/34 IPC and on default of payment of fine, convicts shall further undergo rigorous imprisonment for one year and all the convicts have been sentenced to undergo rigorous imprisonment for five years with fine of Rs.5,000.00 each under Sec. 27 of the Arms Act and on default of payment of fine, convicts shall further undergo rigorous imprisonment for six months. Convicts Umesh Singh and Tanik Singh have been sentenced to undergo rigorous imprisonment for five years with fine of Rs.5,000.00 each under Sec. 325/34 IPC and in default of payment of fine, both the convict shall further undergo rigorous imprisonment for six months. Prabhanjan Singh, Deo Nandan Singh and Babloo Singh have been sentenced to undergo rigorous imprisonment for six months under Sec. 323 IPC. All the sentences are to run concurrently. Prosecution Story

(3.) As per the prosecution story, the fardbeyan (Exhibit-12) of Janak Kishore Singh (PW-3) was recorded by A.S.I. J.K. Yadav of Magadh Medical Police Station (in short 'MMPS') on 4/9/2004 at 8:30 am in Anugrah Narayan Magadh Medical College and Hospital (in short 'ANMMCH'), Gaya in which the informant stated that on 3/9/2004, the Block Development Officer (in short 'B.D.O.) of Mohra Block had visited the village of informant for inquiry in respect of Indira Awas. The informant, his son and some people of his village had deposed against Ravindra Singh @ Panchu Singh, the Mukhiya of Sevatar Gram Panchayat and after inquiry when the B.D.O. went from Riula then on the same day at about 14:00 hours (i) Ravindra Singh @ Panchu Singh; (ii) Deo Nandan Singh; (iii) Prabhanjan Singh; (iv) Tanik Singh; (v) Babloo Singh; (vi) Ashok Singh; and (vii) Umesh Singh armed with weapons with common intention to kill encircled the informant and others in the paddy field situated to the west of Devi Asthan and said that you people deposed against me and, therefore, now they should go to heaven to give evidence. After saying this, shouting at the prosecution party with an intention to kill, Ravindra @ Panchu Singh fired from the rifle in his hand upon Manohar Singh, the son of the informant. The shot first hit his left hand and after piercing the same, it went into the chest. When the informant and his son Mukesh went to save Manohar, then Deo Nandan Singh, Babloo and Prabhanjan Singh assaulted them by the butt of rifle and gun causing injury on head. The informant was assaulted by Tanik Singh, Ashok Singh and Umesh Singh on his left hand by butt of gun. The informant had become unconscious whereafter he was brought to ANMMCH on the same day and during treatment, Manohar Singh died.