LAWS(PAT)-2005-9-85

RAMA KANT SINGH Vs. STATE OF BIHAR

Decided On September 29, 2005
RAMA KANT SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) CR . Appeal No. 554 of 2001 preferred by appellants Rama Kant Singh and Siyaram Singh is directed against the judgment and order dated 16th October, 2001 of the learned 3rd Additional Sessions Judge, Arrah, Bhojpur passed in Sessions Trial No. 70 of 1991, whereby and whereunder, the learned Judge convicted the appellants under sections 302 read with section 114 of the Indian Penal Code and sentenced them to undergo imprisonment for life. Cr. Appeal No. 568 of 2001 is directed against the same judgment and order, whereby and whereunder, the learned judge convicted the appellant Shrikant Singh under section 302 I.P.C. and Section 27 of the Arms Act and sentenced to undergo imprisonment for life for the offence under section 302 of the I.P.C. and rigorous imprisonment for five years for the offence under section 27 of the Arms Act. The sentences shall run concurrently.

(2.) THE case of the prosecution, in brief, as incorporated in the fardbeyan (Ext. 1) is that on 4.8.1989 at about 5.30 P.M. grand son of the informant, namely, Bijai Kumar Singh (P.W. 1) while returning to his house after ploughing the field alongwith his bullocks, on the way the appellant Shrikant Singh was sitting on the side of the road, and from the tail of the bullock, some mud splashed on the body of accused Shrikant Singh, on which he started abusing P.W. 1 Bijai Kumar Singh and accused Shrikant Singh left the place after giving threatening. The grand son of the informant, namely, Bijay Kumar Singh (P.W. 1) reported the aforesaid occurrence to his grand father (PW. 7). In the meantime, all the present accused and Sukhdeo Singh, who died during pendency of the trial, came on the eastern bank of the canal in front of the house of the informant and started abusing loudly. It is further alleged that the informant saw that appellant Shrikant was armed with gun and others with lathi. In the meantime, family members of the informant, namely, Tetari Devi (deceased), Sumitra Devi (P.W. 6) and others (villagers) also came there. On the exhortation of Sukhdeo Singh, Siyaram Singh and Ramakant Singh, appellant Shrikant Singh opened fire from his D.B.B.L. gun and Tetari Devi (deceased) sustained pellet injury on her left abdomen. She fell down and thereafter accused persons fled away. The informant brought his daughter -in -law Tetari Devi with the help of villagers to the referral hospital, Sandesh from where she was referred to Arrah Hospital. The fardbeyan of the informant (P.W. 7) was recorded at Referal Hospital by Sandesh Police, VIZ, Ext. 1 and F.I.R. was drawn up against the above named four accused persons under sections 324, 307 of the I.P.C. and section 27 of the Arms Act. Offence under section 302/34 of the I.P.C. was added subsequently as the victim Tetari Devi died at the Arrah Hospital. After investigation police submitted charge sheet and accordingly after taking cognizance, case was committed to the court of Sessions where charges under section 302 of the I.P.C. and Section 27 of the Arms Act had been framed against accused Shrikant Singh and charge under sections 304/34 of the I.P.C. was framed against remaining three accused persons. However, at the argument stage, charge was amended, consequently Ramakant Singh and Siyaram Ram, appellants in Cr. Appeal No. 554 of 2001 were charged under section 114 read with section 302 of the I.P.C. Accused Shrikant Singh, Ramakant Singh as well as Siyaram Singh were further charged for the offence under sections 302/34 of the I.P.C.

(3.) IN support of the prosecution case 13 witnesses have been examined. P.W. 1, 2, 3, 4, 6 and 7 are said to be the eye witnesses of the occurrence PW. 1 Bijai Kumar Singh, P.W. 2 Abhay Kumar Singh, P.W. 3 Ramanand Singh, P.W. 6 Sumitra Devi and P.W. 7 Awadh Bihari Singh are all related witnesses.