BASANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both these appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) All the six appellants of Criminal Appeal No.90 of 1979, namely, Basant Singh, Narain Singh, Umendra Singh, Siya Saran Singh, Nawlesh Singh and Birjan Singh have been found guilty for the offence punishable under S.302 read with S.149 of the Penal Code and each has been sentenced to undergo rigorous imprisonment for life. They have also been found guilty for the offence punishable under S.148 of the Penal Code and each of them has been sentenced to undergo rigorous imprisonment for three years. Appellant Birjan Singh and Narain Singh have further been convicted under Ss.25A of the Arms Act and 324 of the Penal Code and each has been sentenced to undergo rigorous imprisonment for three years under each count. Appellant Bhagwan Singh of Criminal Appeal No.106 of 1979 has been found guilty for the offence punishable under S.302 of the Penal Code and has been sentenced to undergo imprisonment for life. He has also been found guilty for the offence under S.148 of the Penal Code and has been sentenced to undergo rigorous imprisonment for three years. However, the sentences are to run concurrently.

(3.) The prosecution case, briefly stated, is that there is a Ghairmazrua Malik Ahar bearing plot No.124 situated towards the south of village Jagdishpur. Jagdishpur village is adjacent to another village Sabdullachak. The villagers of Jagdishpur and Sabdullachak used to utilise that Ahar for irrigation purposes. The fish of the Ahar were auction sold by the Circle Officer of Masaurhi Block to the public. In the year 1969-70 the auction of the fishing right was made by the Circle Officer of Masaurhi Block in favour of Rajendra Singh (P.W.16). It was for Rs. 99/- and the amount had been deposited and a Parwana (Ext.7) had been issued in his favour. Rajendra Singh was resident of village Sabdullachak. It appears that at the time of auction the villagers of village Jagdishpur had raised objection but that was rejected and an appeal had been preferred to the Land Reforms Deputy Collector, Patna. The settlement was further approved on appeal also.