SIA LAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these five appeals were taken up together and this common judgment will dispose of all these appeals. They arise from the order of conviction passed in Sessions Trial Case No. 404 of 1989 by Sri Jagdish Jha, 3rd Additional Sessions Judge, Sitamarhi.

(2.) In criminal appeal No. 548 of 1989 Sia Lal Singh is the appellant, in Criminal Appeal No. 42 of 1990 Devendra Mahto is the appellant, in Criminal Appeal No. 25 of 1990 Maheshwar San is the appellant and in Criminal Appeal No. 17 of 1990 Paras Nath Singh is the appellant. Similarly, in Criminal Appeal No. 310 of 1990 Oakar Nath Singh is the appellant and this appeal is also heard along with the batch of these appeals for the reason that this very appellant was facing trial along with other appellants but at the argument stage of the trial he absented from the proceeding and he could not be apprehended. So his trial was separated vide order dated 7-9-1988 with an observation that if this appellant would be apprehended then the evidence already recorded in his presence may be used so a separate sessions case bearing Sessions Case No. 404 of 1989 was registered. When this appellant was apprehended then again after argument a fresh judgment of conviction was passed by the same trial judge. The appellant, Devendra Mahto, was sentenced to undergo life imprisonment under Section 302 of the Indian Penal Code and also he was found guilty under Section 27 of the Arms Act and Section 148 of Indian Penal Code. Similarly, all the other appellants were found guilty and sentenced to life imprisonment under Section 302 and 149 of the Indian Penal Code and further Sia Lal Singh, Onkar Nath Singh, Paras Nath Singh were convicted under Section 148 of the I.P.C. and the Arms Act. Maheshwar Sah was also found guilty under Section 147 of the Indian Penal Code but the trial Court has not awarded any separate sentence as against the minor sections of the Indian Penal Code.

(3.) The prosecution case in short is that on 11-4-1986 the deceased along with the informant, Ashok Kumar Singh, had gone to Budhai Bazar within Dumra P. S. at about 5 p.m. or so. Suddenly, all these appellants along with Shankar Singh of village Prem Nagar and another Shankar Singh of village Lagama as also one unknown person came along with them who was wearing Kurta and Paijama. After their arrival the appellant, Devendra Mahato fired from his revolver from a close range on the head of Krishna Nandan Singh due to which he fell down after sustaining injury. Immediately after that all the appellants and named accused escaped away ad it has been alleged that appellant, Onkar Nath Singh, was also armed with revolver and Maheshwar Sah was holding Lathi. It is also the prosecution case that some of the witnesses including one Upendra Mishra chased the criminals and the unknown person who was wearing Kurta and Paijama fired causing injury to Upendra Mishra. After that informant and other witnesses took the injured to the pitch road from the market place and after that he was taken to Sitamarhi hospital but on the way injured Krishna Nandan Singh died. In the hospital immediately A.S.I. attached to Sitamarhi P. S. namely, M. Ravi Das recorded the Fardbeyan of the informant, Ashok Kumar Singh, which is Ext. 'G' and forwarded the same to Dumra P. S. for instituting a case.