VIJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sri Rakesh Kumar Sinha, Advocate appeared and stated that the file has been taken away by the appellant and accordingly, he would not like to appear in this appeal. We, accordingly, requested Mr. Neeraj Kumar, Advocate to appear in this appeal on behalf of the appellant as Amicus Curiae.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 13.05.1992 passed by Sessions Judge, Nawadah in Sessions Trial No. 15 of 1987 where under sole appellant Vijay Singh, accused no. 1, has been convicted for the offence under Sec. 302 of the penal code and sentenced to suffer rigorous imprisonment for life. The other 12 accused persons, put on trial, have, however, been acquitted of the charge under Sec. 302/34 of the penal code.

(3.) Prosecution case as set out in the fardbeyan of informant Maheshwar Singh (PW 3) is that in the night between 25-26.03.1986, around mid night, the informant along with his uncle Chandrika Singh (deceased), Ram Autar Singh, Ramashish Singh, Sarjug Singh, Shailendra Singh, Sachitanand Singh and others was singing Holi in Barat Village Thakurbari within Narhat P.S., District Nawadah. The accused persons, 13 in number, led by accused no. 1 Vijay Singh, Indradeo Singh, Siya Ram Singh, Rameshwar Prasad, Jairam Singh, Shailendra Kumar, Sheo Balak Singh, Rabindra Kumar and others also came to the Thakurbari with drum and joined the informant, the deceased and others in singing Holi. After some time there was altercation between the deceased and Vijay Singh where after, Vijay Singh and his companions left with their drum. Later, around 2:00 am, informant, deceased and others came near Holika Dahan site and set ablaze the bonfire. Those who assembled for setting the bonfire ablaze began to disperse for their home. Meanwhile, Vijay Singh and his accomplice again appeared on the scene and forcibly took Chandrika Singh in their control, dragged him away, accused Rameshwar Singh ordered to assault Chandrika Singh whereupon others put Chandrika Singh down on the ground, Parsuram Singh pressed his head, Ram Bhajju Singh caught hold his legs, Arjun Singh and Yadunandan Singh held his hands, the others surrounded him from all sides. Vijay Singh stabbed Chandrika Singh in his back where after, accused persons fled away. Chandrika Singh ran for some distance but fell down. Informant arranged rickshaw for carriage of the injured to hospital. Chandrika Singh succumbed to the injuries in the way. Informant while taking the dead body on the rickshaw to the Police Station reached Kajipur Road, met S. I. Yogendra Das the Officer In-charge of Narhat Police Station and recorded his fardbeyan at Kajipur Road on 26.03.1986 at 7:30 am in presence of Ramashish Singh (not examined) and Ram Autar Singh (PW 8). Before recording the fardbeyan, the scribe conducted inquest on the dead body of Chandrika Singh, as would appear from the inquest report (Ext. 4) at 6:45 am on the same day. From column no. (v) of the inquest report, it is evident that Chandrika Singh had suffered one stab injury on the right side of his back and blood was oozing therefrom. The dead body of Chandrika Singh was received in the post mortem house for conducting post mortem on 26.03.1986 at 9:45 am. Dr. M.A. Siddiqui (PW 6), however, saw the dead body at 22:30 am, conducted post mortem at 11:35 am also on the same day. From the post mortem report it is evident that Chandrika Singh suffered penetrating wound on the right upper back adjacent to the scapular line measuring 2"x 1/2" x inner deep. On dissection, Dr. Siddiqui found that the injury was caused by sharp pointed weapon and its nature is grievous, cause of death shock and hemorrhage due to the said injury. The time of death as stated in the fardbeyan is also corroborated by Dr. Siddiqui in the post mortem report. Having recorded the fardbeyan, as also the further statement of the informant and police statement of villagers, Scribe Officer Incharge of the fardbeyan returned to the Police Station and registered the First Information Report vide Narhat P.S. Case No. 21 dated 26.03.1986 at 6:45 pm on the basis of the same fardbeyan stating that he has already taken up the investigation and dispatched the First Information Report to the court of Chief Judicial Magistrate, Nawadah through special messenger. After completing investigation, the Officer In-charge submitted charge sheet against Vijay Singh, Parsuram Singh, Ram Bhajju Singh, Yadunandan Singh, Arjun Singh and Ram Brichh Singh. In the light of the charge sheet cognizance was taken and after supply of police paper case was committed to the court of Sessions. The Sessions court framed charge against 6 accused persons, namely, Vijay Singh, Parsuram Singh, Ram Bhajju Singh, Yadunandan Singh, Arjun Singh and Ram Brichh Singh under order dated 15.05.1987 for the offence under Sections 302/34 of the penal code to which they pleaded not guilty and claimed to be tried and accordingly, trial proceeded against the aforesaid six accused persons. In the light of the evidence led, the trial court under order dated 25.01.1988 summoned the other non-sent-up accused persons namely, Indradeo Singh, Siya Ram Singh, Rameshwar Prasad, Jairam Singh, Shailendra Kumar, Sheo Balak Singh and Rabindra Kumar. After appearance of the aforesaid 7 accused persons, charges were framed against those summoned under order dated 06.05.1988. The trial court modified the charge framed against appellant Vijay Singh under order dated 23.04.1992 from under Sec. 302/234 to 302 simpliciter of the penal code.