RAMAKANT SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The Appellant, Ramakant Singh of Cr. Appeal (D.B) No. 504 of 2011 has been convicted under Section 302 of the Indian Penal Code and sentenced to R.I. for life and fine of Rs. 15,000/- in default of fine further R.I. for two years and also convicted under Section 27 of the Arms Act and sentenced to R.I. for four years and fine of Rs. 2,000/- and in default of fine further R.I. for one month and the Appellant, Ram Dal Singh of Cr. Appeal (D.B.) No. 282 of 2011 has been convicted under Section 302/34 of the Indian Penal Code and sentenced to R.I. for life and fine of Rs. 15,000/- in default of fine further R.I. for two years by a judgment of conviction and order of sentence dated 16/28.03.2011 by the Additional Sessions Judge, F.T.C.-II, Kaimur at Bhabhua in S.Tr. No. 386 of 1998/65 of 2010 arising out of Mohania P.S. Case No. 43 of 1997.

(2.) The case of the prosecution according to the Informant (P.W.6), Jitendra Singh @ Kashi Singh who is the uncle of the deceased is that while he and his uncle deceased, Ramashish Singh at about 6 P.M. were going to his fields for overseeing the operation of cutting crops and reached near the house of Bigan Karmakar and Most. Jagna Kuwar suddenly somebody screamed "Maro Maro" from the back. He turned back and saw the Appellant, Ramakant Singh with a pistol and his father, the Appellant, Ram Dal Singh exhorted his son Appellant, Ramakant Singh to fire then Appellant, Ramakant Singh fired at the back of his uncle on account of which he fell down. Appellant, Ram Dal Singh then exhorted that another one person had been left who should also be killed. Hearing this, he ran to his house and told the rest of the family members about the occurrence and then along with a number of family members went to the place of occurrence and saw his uncle dead. The cause of occurrence was a land dispute and that a number of criminal cases were going on between the parties. He then went to the Police Station and gave his fardbeyan before the Mohania Police on the same day at 11.30 P.M.

(3.) During trial the prosecution examined eight witnesses.