LALAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 3-4-1992 passed bv leaned 9th Additional Sessions Judge, Rohtasat Sasaram Session Trial No. 28 of 1981/22 of 1990.

(2.) The prosecution case as disclosed in the fardbeyan (Ext. 2) of Rajendra Singh, .recorded by Sub-Inspector of Police Oinara P. S on 16-5-79 at 0045 hours, is that in the evening of 15-5/9 while the informant, Rajendra Singh was sitting at the platform in front of their Dalan his brother Birendra Singh (P. W. 3) was being taught by Suryadeo Singh (P. W 4) on a 'Chowki by the side of the platform in the light of a lantern kept thereon. The informant's father Harihar Singh, the deceased, was lying on a cot nearby. At around 7.45 P. M when the regional news was over, about 12 persons came there with guns, Idthi, bhala, torch etc, in the house and amongst them he recognised the appellants and accused Nagina Singh. The accused lalan Singh and accused had gun. accused Kameshwar Singh had country made pistol and accused Nagina Singh had lathi in their hand asked the informant and others to sit quietly and shut their eyes. The accused appelpent Chadrama Singh aimed his gun at the roof of Annan Singh, the neighbour of Informant, who had a licenced gun. On seeing this Harihar Singh (deceased) got up from the cot and started suffling with Then the accused Nagina Singh ordered to kill Harihar Singh and Lallan Singh fifed his gun on Harihar Singh and due to gun shot injury Harihar Singh fell down. Hearing hullah of the informant as well as sound of gun shot the neighbours raised alarm and rushed towards the P. O. In the meantime Annant Singh neighbour of the informant also fired from his roof. The accused persons and other miscreants thereupon fled away towards north and while fleeing away they took away a Transistor and wrist watch kept on the chowki Condition of Harihar Singh being serious, he was taken to the house of Dr. Ganesh Prasad for treatment. This fardbyan was recorded by the S. I., Dinara Police Station, in the chamber of the doctor. On the advise of the doctor at Dinara, Harihar Singh was carried for treatment at Patna but on the way to Patna he succumbed to injury.

(3.) Further case of prosecution is that the accused appellants lallan Singh, , Kameshwar Singh and accused Nagina Singh had stolen paddy from their Khalihan and Harihar Singh had told the villagers about the theft and due to which accused bore grudge against them and particularly against the deceased, Harihar Singh and that might be the motive to kill Harihar Singh. On the basis of fardbyan formal F. I. R. was drawn and Dinara polices case No 9/79 under Section 147, 148, 307/34 of the I P. C. and Section 27 of the Arms Act was registered After the death of Harihar Singh Section 302; of the I. P. C. was added The police after investigation submitted charge-sheet against the appellants and accused Nagina Singh. After the case wae committed, the learned Sessions Judge, on perusal of the materials, framed charges under Section 304/34 of the I. P. C and Section 27 of the Arms Act, against the accused appellants. Accused Nagina Singh died before framing of charge. The accused having not pleaded guilty, the case was tried.