RAMJI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No. 1, who is the father of appellant No. 2 has been convicted under Sec. 302/114 of the Indian Penal Code (hereinafter to be referred to as 'the Code') (having been put on trial along with four accused persons on charges under Sec. 302/149 of the Code), abetting the offence of causing the murder of one Surendra Singh by his son appellant No. 2 Rabindra Singh, who has also been convicted of the charge under Sec. 302 of the Code and both of them have been sentenced to suffer rigorous imprisonment for life. Appellant No. 2 caused the death of Surendra Singh by gun shot and he has further been convicted of the charge under Sec. 27 of the Arms Act and sentenced to suffer rigorous imprisonment for three years.

(2.) The trial Court took the view that the prosecution failed to establish that there was any unlawful assembly with the common object of causing the murder of Surendra Singh. Charges under Sec. 302/149 of the Code was framed against Ramji Singh and three others namely, Sahdeo Singh, Awadh Singh and Jagdish Singh. The trial Court recorded an order of acquittal in favor of all the four accused under Sec. 302/149, who were put on trial together. As stated, Ramji Singh (appellant No. 1) was held guilty under Sec. 302/114 of the Code and Rabindra Singh (appellant No. 2) was independently charged under Sec. 302 of the Code and also under Sec. 27 of the Arms Act and as stated, he too has been convicted under these two heads.

(3.) The short story of the prosecution, as I get from the F.I.R. lodged by PW 6 Chandra Shekhar Singh, brother of the deceased Surendra Singh and also from the statements of witnesses examined in the trial Court, is that in early morning of 2 -9 -1980 Surendra Singh was surrounded by appellant No. 1 and three other acquitted accused and they all started hurling Lathi blows on him. He was coming from the river side after taking bath and was surrounded near his house in his own village Bardiha which is under Police Station Chandi, District Nalanda and on getting blows, he ran for safety and entered into a nearby pond, which was near his house. He was crying for help which attracted the attention of his brother PW 6 Chandra Shekhar Singh and other inmates of his house. But that very moment accused appellant No. 2 Rabindra Singh came out with a gun and on receiving the order from his father accused appellant No. 1 Ramji Singh, he fired three gun shots at Surendra Singh, who fell down in the pond. Other villagers also ran and looking at them the accused persons fled away.