RAMASHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the same judgment and as such, they were heard together and are being disposed of by this common judgment.

(2.) Being aggrieved by and dissatisfied with the judgment dated 24.8.2001 passed by the 4th Additional Sessions Judge, Sitamarhi in Sessions Trial No. 167 of 1995 holding the appellants guilty of offence under Sections 302/149 and 148 of the Indian Penal Code and further holding appellant Dharkan Singh guilty of offence under Section 302/109 of the Indian Penal Code and sentence to undergo rigorous imprisonment for life for offence under Sections 302/149 and 302/109 of the Indian Penal Code and three years for offence under Section 149 of the Indian Penal Code, the appellants have preferred these appeals. Besides the substantive sentence the appellants have also been directed to pay fine of Rs. 5000/- for offence under Section 302/149 of the Indian Penal Code and in default to pay the fine, to suffer rigorous imprisonment for two years. Sentence were directed to run concurrently. As appellant Dharkan Singh was sentenced to undergo rigorous imprisonment for life under Section 302/149 of the Indian Penal Code, the learned Judge did not award separate sentence under Section 302/109 of the Indian Penal Code.

(3.) The prosecution started on the basis of a report given by PW 12 Badri Singh before the Sub-Inspector of Police of Sheohar Police Station on 21.1.1995 at 9.15 p.m. stating therein that on 21.1.1995 at 6.45 p.m. while his villagers, namely, Brahma Singh (PW 1), Nagina Singh (PW 2), Ram Vivek Singh (PW 3) and Pramod Singh (PW 5) were around the fire place to save themselves from the cold, they saw his brother deceased Surendra Singh going towards Ojha Tola for getting medicine and the moment he reached in front of the house of Dharkan Singh, appellant Dharkan Singh exorted. Hearing this, according to the first informant, he along with other persons sitting around the fire place, came there and found that appellant No. 1 Rama Shankar Singh (in Cr. Appeal No. 507/2001) armed with farsa caught hold of Surendra Singh and dragged him inside the court-yard of the house of appellant No. 9 Sarvjit Singh (Cr. Appeal No. 507/2001).