SATYENDRA SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant Satyendra Sharma {in Criminal Appeal (DB) No. 1033 of 2010} has been convicted under Sections 148 and 302 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and fine of Rs.5000/- under Section 302 of the Indian Penal Code and in default of payment of fine to undergo further simple imprisonment for one year and to undergo rigorous imprisonment for three years and fine of Rs.3000/- under Section 148 of the Indian Penal Code and Section 27 of the Arms Act under both counts and in default of payment of fine to undergo further simple imprisonment for six months vide Judgment of conviction dated 27.07.2010 and Order of sentence dated 04.08.2010 passed by the Additional Sessions Judge, Fast Track Court No. 4, Jehanabad, in Sessions Trial No. 128 of 2004(Old)/145 of 2006 (New) whereas the Appellants of Criminal Appeal (DB) No. 768 of 2007, namely, Bhagwan Sharma alias Bhagwan Prasad Sharma, Bharat Bhushan Sharma and Arbind Sharma and of Criminal Appeal (DB) No. 780 of 2007, namely, Sidhanath Sharma, Ashutosh Sharma and Ajay Sharma, have been convicted under Sections 302 and 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life vide Judgment of conviction dated 24.05.2007 and Order of sentence dated 29.05.2007 passed by the Additional Sessions Judge, Fast Track Court No. 4, Jehanabad, in Sessions Trial No. 128 of 2004/S.J. No. 333 of 1992.

(2.) The case of the prosecution, according to the Fardbeyan of the Informant Shyamdeo Singh (P.W.8) is that on 06.07.1991 at about 06.00 A.M. when he along with his brother Karorepati Sharma deceased was going to ease in the field and he had walked at a little ahead, he saw his brother returning and suddenly screaming at which he ran there. He saw the deceased having been caught hold of by the Appellants Bhagwan Prasad Sharma, his son Bharat Bhushan Sharma, Sidhanath Sharma and Arbind Sharma and the deceased struggling. The Appellant Satyendra Sharma is then said to have fired at the deceased on the point blank range on the face on account of which he fell down staggering to a little distance. When he tried to intervene, Brajendra Sharma, Ashutosh Sharma and Ajay Sharma caught hold of him but he felled down Brajendra Sharma, slapped Ashutosh Sharma and kicked Ajay Sharma and ran towards his house. Five accused persons chased him but he concealed himself amongst sugarcane crops. Just then, Kishori Sharma (not examined) came and started to scream that the deceased had been killed. On 'hulla' his brother Fulendra Sharma (P.W.2), son Sahjanand Sharma (P.W.7), his father Triveni Singh (not examined) all came. There were 7-8 unknown miscreants along with the aforesaid named accused who all were armed with rifles. Having committed this occurrence, the accused persons left towards Hajisarai. The motive for the occurrence was that he had taken the lands of his cousin brother Banwari Singh on 'Batai' for which Batai Case had been instituted in the year 1990 and was pending. Before the institution of the Batai Case, the said Banwari Singh had settled the land in favour of Bhagwan Sharma and about 10 days back Bhagwan Prasad Sharma and Banwari Singh had executed some sale deeds and it was for this reason the said occurrence had taken place.

(3.) During trial, the prosecution examined altogether 10 witnesses. It appears that initially, there was one trial but, thereafter, one Appellant Satyendra Sharma absconded on the date of Judgment, so his trial was split up. Thereafter, he appeared and, therefore, the witnesses are common in both the trials.