INDRADEOSINGH ALIAS SUDARSHANSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these seven criminal appeals were taken up together as all these appeals were preferred from the common judgment of conviction passed by the 4th Additional Sessions Judge, Gaya, vide judgment dated 21.8.1990 in S.T.No. 15/85 and this common order and judgment will dispose of all these criminal appeals in question.

(2.) As many as eight appellants preferred all these seven criminal appeals meaning thereby all the appellants preferred an appeal singly against their order of conviction save and except in Cr. Appeal No. 352 of 1990 one Mahendra Singh is also the appellant along with Surendra Singh.

(3.) The facts in short giving rise to these appeals are that P.W. 9 Shyam Chandra Sharma of village Chotki Babanpura within the Ghosi Police Station of district Jehanabad gave Fardbeyan before the A.S.I. Ghosi Police Station in his own village on 18.3.1984 at about 9.00 P.M. alleging therein that on that day being the noli festival day, they were celebrating Holi as usual and singing Holi festival song in the Dalan of Nawal Singh situated in village Chotki Babbanpura itself along with other P.Ws. and some other villagers. In the evening at about 6.30 P.M. or so they decided to proceed to Brahmajee pind situated near the dwelling-house of Nawal Singh for doing customary rites and also singing Holi Festival Song there. The informant and other witnesses came out of the Dalan and when they were proceeding towards Brahmajee pind, i.e. Holi place of the village on the western side of Dalan there is Gair Mazarua land used as thoroughfare and when they reached there they found as many as nine persons and they were armed with Bhala, Garasa, Lathi and some of them were armed with fire-arm. When the informant and other P.Ws. and the villagers began to proceed through the Gair Mazarua land then appellant Baleshwar Singh protested and asked them not to go by that land and when they tried to proceed further by the side of that land, Baleshwar Singh ordered for killing and as such the appellant Raj Kishore Singh gave a Garasa blow on the head of Nawal Singh due to that he was seriously injured and fallen on the ground. It has also been alleged by the informant in the Fardbeyan that immediately after other appellants and one Kaushalendra Singh began to assault other P. Ws. and out of fear he entered in the Dalan to save himself and from there he heard that Baleshwar Singh ordered his men to set fire two palanis (Straw hutments). After the occurrence the informant and other witnesses came out and had seen Nawal Singh, Bachu Singh, Brijnandan Singh and Ramsinghasan Singh injured and they were lying on the ground and it has been alleged that they were taken to Jehanabad Hospital for treatment and the other injured will give detailed description as to how they sustained injuries.