SULEMAN SINGH AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four convict-appellants abovenamed preferred this appeal against the judgment and order dated 13th March, 1991, passed by Shri Surya Kant Mishra, 7th Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 493 of 1988 whereby they have been convicted under Sections 302/307/394/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and also rigorous imprisonment for five years each under Sections 307/34 and 394/34 of the Indian Penal Code, but all the sentences have been ordered to run concurrently.

(2.) The brief facts of the case is that in the night hours of 15-2-1988 at about 9.30 p.m. while the informant Mahendra Prasad Jaiswal and a minor servant Mahesh (aged about 11 years) along with the father Lakshman Prasad Jaiswal were sleeping in the Varandah over straws of their Rudua Line Hotel and after the closure of the Hotel then the four accused persons abovenamed came there in the mid night at about 12.30 a.m. and pulled out the quit from the body of the father of the informant i. e. Lakshman Prasad Jaiswal. When Lakshman Prasad Jaiswal tried to get up, accused-appellant No, 2 Rajendra Singh pointed a pistol which was in his hand near the left ear and shot at causing instant death of his father. He started profused bleeding. Then the accused persons took the informant and his younger brother Pramod Prasad Jaiswal inside a room of their house which was adjacent to the Hotel and asked them as to where they had kept their gun and pistol. The informant begged their lives and asked them to take away whatever they like from the house. The accused persons took away a sum of rupees three hundred in cash and one old Ricko watch but while leaving the place, accused-appellant No. 1 Suleman Singh who had also a pistol in his hand fired it near the ear of the informant with the intention to kill him but the informant triel to avoid the shot injury by raising his right hand, as a result of which, he sustained serious injuries in his right thumb. It is also alleged that he received pellet injuries in his neck and chest. Accused-appellant Ram Briksha Singh, it is alleged, had also a single barrel gun in his hand and he struck barrel on the forehead of the informant which caused injury on his forehead. Seeing the accused persons being armed with weapons, minor servant Mahesh Singh fled away from the hotel and never returned. When the accused persons fled away, the informant and his brother raised alarm but no body came. In the early morning at about 5 a. m., some neighbouring persons, namely, Harihar Sao, Bali Sao and Suresh Sao (charge-sheeted witnesses) along with others came to the hotel whom the informant reported the occurrence. Police also arrived on receipt of the information from the Chaukidar whom the informant had informed earlier. In course of investigation, inquest was held over the deadbody of Lakshman Prasad Jaiswal. Two of the accused persons were arrested while the other two surrendered in the court after about two months and then charge-sheet was submitted before the Chief Judicial Magistrate at Daltonganj.

(3.) The case was committed to the Court of Sessions and then charges were framed under Sections 302/307/394/34 of the Indian Penal Code against all the four accused persons vide order dated 28-2-1990. When the same was read over and explained to the accused persons, they pleaded not guilty. The defence case is that they have been falsely implicated in the case at tne instance of the police.