MANOJSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal Nos. 315 of 1994, 320 of 1994 and No. 320 of 1994 had arisen from the common judgment of conviction dated 15.6.1994 passed by Shri S.M.I.I.F. Alam, Sessions Judge, Begusarai in Sessions Case No. 160 of 1992, through which all the appellants except Manoj Singh were convicted and sentenced to undergo imprisonment for life under Section 302/54 of the Indian Penal Code and appellant Manoj Singh was convicted and sentenced under Section 302 of the Indian Penal Code and further appellant Manoj Singh was convicted under Section 452 of the Indian Penal Code and Section 27 of the Arms Act and similarly appellant Kaushal Kishore Singh was further convicted and sentenced under Section 452 of the Indian Penal Code but no separate sentence was awarded under this count.

(2.) In Cr. Appeal No. 315 of 1994 the appellant is Manoj Singh, whereas in Cr. Appeal No. 320 of 1994 Parmanand Singh is the appellant and in Cr. Appeal No. 323 of 1994 Kaushal Kishore Singh is the appellant.

(3.) The fact in short giving rise to these three appeals is that Hare Ram Singh got his house in village Maharathpur within Begusarai (M) P.S. Similarly, Rajendra Singh, who was the friend of Hare Ram Singh also got his house in the same village and in the morning of 12.7.1991 Yasoda Devi, first wife of Hare Ram Singh alleged before the S.I. attached to Sighaul O.P. that in the night of 11/12-7-1991 she along with her husband were sleeping in their house then at about 1.30 A.M. on 12.7.1991 both of them got up as three persons scaled the wall and entered in their house and they were identified as appellant Manoj Singh, appellant Kaushal Kishore Singh and one Jhotha Singh and they were armed with country-made pistol and at that time a lantern was also burning in the court-yard. It is also the prosecution case that the appellant Manoj Singh first of all fixed his fire arm on the chest of Hare Ram Singh and Jhotha Singh apprehended the informant, the wife of Hare Ram Singh and gagged her mouth by her San and Kaushal Kishore Singh the other appellant entered in the room in search of her daughter Ram Devi, but she could not be round there and so disclosed that Rama Devi is not available, then the appellant Manoj Singh fired from close range hitting on the chest of the husband of the informant Hare Ram Singh and due to that he died on the spot and all the three accused persons escaped away. After some time, the informant also heard another firing sound and with some difficulty when the informant united herself and raised alarm, then some of the villagers also came and she narrated the entire incident to them and they in turn also disclosed that the same set of accused persons also committed murder of Rajendra Singh, a friend of the deceased Hare Ram Singh.