HARBANS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Harbansh Singh was found Builty urder Section 302 of the Indian Penal Code (hereinafter to be referred as the Code) and was sentenced to undergo rigorous imprisonment for life. Appellant hishwamitra was found guilty under section 302 34 of the Code and he was also sentenced to undergo rigorous imprisonment for life.

(2.) On 15th July, 1972 according to the Fardbeyan of P.W. 7 while Shyam Behari, her husband, was on the western bank of a canal sitting along with P.W. 4 and one Ram Lakhan for the canal Subdivisional Officer and P.W. 7 was also nearby the appellants came there. Appellant Harbansh Singh bad a gun in his hand. He fired from his gun which hit Shyam Behari. hishwamitra thereafter asked Harbansh to repeat the firing. Shyam Bahari died at the spot of gun short injuries Although P. Ws. 1 and 4 beside P W. 7 claim to be eye-witnesses of the occurrence, the court below accepted P.W.7 as the only eye-witness. On the basis of testimony and on the basis of the evidence of P.W. 4with regard to the manner of occurrence, the Court below found the appellants guilty.

(3.) Learned Counsel for the appellants submitted that the appellants should not be held guilty on the sole testimony of P.W. 7 particularly when she was not expected to be present with her husband at the canal and when there were independent witnesses whom the prosecution did not examine without any explanation. It was also submitted that the station diary entry which was made on the basis of the information given by P.W. 5 was not produced by the prosecution which prejudiced the appellants. On behalf of the State, it was submitted that there was no reason for discarding the evidence of P.W. 7 which was corroborated with regard to the manner of occurrence by the evidence of P. Ws. 1 and 4.