RAMSHARNAGAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE seven appellants have been convicted and sentenced, in the first instance, for rioting, under Section 147 of the Indian Penal Code with one year's rigorous imprisonment each, and with the exception of appellant Ramsharnagat Singh, the remaining six appellants have been further convicted under Section 326 read with Section 149 of the Penal Code with five year's rigorous imprisonment each. Appellant Ramsharnagat Singh has been convicted and sentenced to life imprisonment under Section 302 for the murder of Sheonandan Singh. Appellants Mahadeo Singh and Amar Pandit have further been convicted under Section 323 with one year's rigorous imprisonment each for causing simple hurts to Sia Singh (P.W. 8). Appellant Chandra Shekhar Singh and Gena Mahton have also been further convicted under Section 323 for causing simple injuries to Jia Singh (P.W. 10). The sentences against different appellants are to run concurrently.

(2.) THE date of occurrence was the 9th July, 1961, at about 6 -30 p.m. and the place, a field of Ramsanehi Singh, (P.W. 7) near survey plot No. 87/560, known as 'Kharhaul' situate in Sheonagar Top of Mauza Dighra within the Sadar police station of the district of Muzaf -farpore the place of occurrence being 5 to 7 miles from the police station.

(3.) PLOT No. 87/560 and another plot No. 87/562 along with three other plots are recorded in the Khatian (Ext. 8) being the same as another copy of the Khatian (Ext. C) which was produced on behalf of the defence. The Khata was recorded in the names of Drigpal Singh, Deonarain Singh and Mt. Kumrain Kuer, each having equal share. As against plot No. 87/560, there was an entry that there stood on this plot two shisam trees in possession of raiyats, meaning the persons in whose names the Khata was prepared. The area of this plot is shown as .42 acre equivalent to a little more than 10 kathas and the area of plot No. 87/562 is mentioned as .26 acre equivalent to a little more than 4 Kathas.