MUNNA SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal by appellant Munna Singh is directed against the judgment of conviction dated 18.02.2010 and order of sentence dated 23.02.2010 passed by the Additional District and Sessions Judge, F.T.C. - III, Gaya in Sessions Trial No. 305 of 2009/466 of 1998 (S.J.) by which the appellant has been convicted under Sections 302 and 307 of the Indian Penal Code and 27 of the Arms Act and sentenced to suffer imprisonment for life and fine of Rs. 1000/ - under Section 302 of the Indian Penal Code, 10 years imprisonment and fine of Rs. 1000/ - under Section 307 of the Indian Penal Code and imprisonment for three years and fine of Rs. 1000/ - under Section 27 of the Arms Act with all the sentences directed to run concurrently. However, no sentence has been passed in the event the appellant fails to pay the fine.

(2.) THE fardbeyan of Satyendra Singh son of late Bigan Singh of village Sakardas Nawadah, P.S. - Wazirganj, District -Gaya was recorded by S.I. L.N. Gupta, Officer Incharge Wazirganj P.S. on 15.03.1998 at 12.30 A.M. at his door in the village. According to the fardbeyan, on 14.03.1998 at about 4.30 P.M., the younger brother of the informant namely, Balendra Singh who was eating betel at the kiosk of Jai Kumar Singh at Nonihar tola of the village, the appellant was also having betel. Near the said kiosk Balendra Singh and the appellant had an argument and also some physical altercation with their hands. The neighbours had then separated them. It is stated that the informant had also gone to the betel kiosk on hearing the noise where the appellant had threatened the brother of the informant that he would shoot him to death. Upon this the informant went to Janardan Singh, father of the informant to inform him and Janardan Singh is said to have stated that if there had been physical fight between the two then the appellant would definitely shoot him. The informant then returned to his home. At about 7.30 P.M. Pravesh Singh had come to the house of the informant and had asked his younger brother Balendra Singh to come near the Government well Deshahari where Pramod Singh, Pappu Singh, Munna Singh (appellant) and Janardan Singh had called him for patching up the matter. Hearing this, the father of the informant had said that he would get the matter sorted out tomorrow but Pravesh Singh became adamant and angry and said that if Balendra Singh did not go then they would come and attack the house of the informant. Due to this Balendra Singh started going towards the Government well which was at a distance of about 50 yards from the house of the informant. It is stated that the father of the informant also started going behind Balendra Singh and seeing this, his mother also started going and then the informant also followed. It is said that when the informant and his mother reached near the Government well Deshahari, they saw Pravesh Singh and Janardan Singh of the same village holding Balendra Singh and the appellant fired on the brother of the informant from the pistol he was holding in his hand. It is alleged that at the same time Pramod Singh also fired from the pistol in his hand on the father of the informant and subsequently Pappu Singh also fired on Balendra Singh. It is stated that due to bullet injury, the father and brother of the informant died at the spot itself. It is alleged that when the mother of the informant went to save the brother and father of the informant then the appellant again fired on the mother of the informant with the intention to kill due to which the bullet hit her in the side of the head causing injury. The informant started running towards his house when Pramod Singh is said to have fired upon him due to which the informant was thrown away resulting in injury on both the knees. The informant then got up and ran towards his house shouting. It is stated that upon his shout and sound of firing, the family of the informant and neighbours with lantern and torch ran towards the Government well Deshahari and saw the appellant, Janardan Singh, Pramod Singh, Pappu Singh and Pravesh Singh, all residents of village Sakardas Nawadah, P.S. - Wazirganj, District -Gaya going from the Government well Deshahari towards their home. The appellant, Pramod Singh and Munna Singh had pistol in their hand which was seen by the family members and villagers of the informant in the light of torch and lantern. In the incident two persons namely Bigan Singh and Satyendra Singh, father and brother of the informant were killed.

(3.) ACCORDING to P.W. 1, Tapeshwari Devi, who claims to be an eye witness and is mother of deceased Balendra Singh and wife of another deceased Maheshwar Singh @ Bikan Singh the departure from the version in the fardbeyan is that she claims to have gone to the place of occurrence with lantern. In her cross examination at paragraph -3 she has stated that the well was at a distance of 100 -150 yards which also does not tally with the version in the fardbeyan of the informant, who is also the son of P.W. 1, that the well was at a distance of about 50 yards. In the same paragraph she has also stated that after Balendra Singh had gone she and others had followed after 10 minutes, though in the fardbeyan the others are said to have followed Balendra Singh as soon as he had left the house. She has further stated that after she and others had reached then fighting had started and she had kept the lamp on the ground and that Balendra Singh was shot from close range. This is at variance with the finding in the post mortem report of Balendra Singh, which though not proved by the doctor who performed the post mortem but made Exhibit 1/1 and is on record, which does not indicate any charring or blackening. She has further stated that blood had not come out from her body. In paragraph -5 she had denied the suggestion that her husband and son had been injured on the day of 'Holika Dahan' in another village. In paragraph -7 she had stated that she did not remember whether she had told the police about carrying lantern. At paragraph -8 she had also stated that nobody had informed her with regard to any fight at the betel kiosk.