RAM EKBAL SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated 30th January, 1991 passed by the learned 2nd Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 341 of 1987 by which the appellant has been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code.

(2.) THE prosecution case, in brief, is that on 13.12.1986 at about 10 A.M. the informant Asim Kumar Nilay (P.W. 9), his brother Sheo Kumar Singh (deceased) and Gorakh Chand Singh (P.W. 8) were removing the electric pole after extracting it and were taking it to their well near the darwaja of the informant. As soon as they went ahead a few steps, the accused persons, namely, Yamuna Mahto and Bali Ram Singh @ Mahto (appellants of Cr. Appeal (DB) No. 61 of 1991, who died during the pendency of the appeal), Ram Ekbal Singh (appellant) and Raghubansh Mahto armed with lathi came there and stopped the informant and others from taking the electric pole. The informant had taken the plea that they were taking the electric pole as per the order of the Electricity Department. The appellant and others assaulted the informant and others with lathi. The lathi was snatched by the prosecution party. Thereafter, all the aforesaid accused persons including the appellant returned to their house and accused Yamuna Mahto, Ram Ekbal Singh, Bali Ram Singh @ Mahto and Raghubansh Mahto came back there armed with gun. After seeing them the informant and his brother Gorakh Chandra Singh (P.W. 8) concealed themselves and saw that they were firing. Ram Ekbal Singh (appellant) fired which hit Sheo Kumar Singh in his chest as he could not escape. He fell down and succumbed to the injuries on the spot. The informant and others raised alarm. The accused persons were trying to take the dead body. P.Ws. 8 and 9 raised alarm and by that time several persons came there and they (accused) escaped leaving the dead body. The dead body was taken to the darwaja of the informant.

(3.) LEARNED counsel for the appellant has submitted that the present case is a counterblast to the case lodged by the appellant against the members of the prosecution party including the deceased and with a view to save their skin the prosecution party has lodged the present case. The further defence is that the deceased Sheo Kumar Singh along with his family members including the informant (P.W. 9) were removing the electric pole situated on the road in front of the house of the appellant and when the appellant's father protested, he was assaulted with lathi. In the meantime, the appellant along with his brother Bali Ram Singh also reached there and Gorakh Chand Singh (P.W. 8) assaulted the appellant with lathi as a result of which he became injured. Thereafter, the appellant and the other members of his family went inside their house, but the prosecution party broke open the main door of the house of the appellant, entered into the house, ransacked the house, broke open the planks and thereafter in exercise of their right of private defence, firing was made and it appears that in the melee Sheo Kumar Singh (deceased) received gun shot injury and died. The appellant gave his fardbeyan (Ext. B) on the same day and on that basis Kahalgaon P.S. Case No. 305 of 1986 was instituted under Sections 147 and 323 of the Indian Penal Code against the members of the prosecution party including the deceased.