BATORAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) On 18th October, 1978 at about 5 A. M., P. W. 6 Ram Chandra Singh alongvvith his nephew deceased Nityanand Singh and his brother Ganesh Singh (P. W. 7) was going to Sirasia Khandha in village Ariyan, police station Hisua in the district of Nawadah to see their fields whether they had become fit for broadcasting Khesari seedling. While they were proceeding towards their fields and had reached on the ridge of the field of one Balmiki Singh, the appellants come there from behind and surrounded them from all sides. Appellant Batoran was armed with a bhujali, appellant Sidheshwar was armed with a garaso, appellant Kapil was armed with a khanti and the rest were armed with lathi. Appellant Mahendra asked the other appellants to assault them whereupon appellant Sidheshwar gave a garasa blow on the right thigh of Nityanand Singh. Nityanand fell down on the ridge. Appellant Sidheshwar hurled another blow on the informant but he warded off the same with the lathi in his hand. In the meantime, appellant Batoran gave a bhujali blow on the neck of Nityanand due to which his throat was cut and he died then and there. On alarm some witnesses came to the place of occurrence and then the appellants left the place.

(2.) After the occurrence the informant (P. W. 6) went to the police station where P. W. 10, who was the officer-in-charge of Hisua police station at the relevant time, "recorded his statement at about 8 A. M. on the basis of which a case was registered and he (P. W. 10) took up the investigation. He went to the place of occurrence, found the dead body of Nityanand on the ridge with injuries, and sent it for post-mortem examination at Nawadha Hospital After post-mortem examination was held by (P. W, 9) at Nawadah Hospital, a petition was filed on behalf of the informant that the post-mortem examination was not conducted properly. On this protest, the dead body was sent to Patna Medical College Hospital where another post-mortem examination was conducted by P. W. 8 Dr. R. B. Choudhary on 20th October, 1978. After completing investigation, chargesheet was submitted against all these appellants.

(3.) Ultimately, all the appellants were put on trial where 11 witnesses were examined on behalf of the prosecution to prove the charges. The appellants denied the allegation and pleaded their innocence. Their further case appears to be that the deceased might have been done to death in the night somewhere else and due to enmity the appellants have been entangled in the case. No witness was, however, examined on behalf of the defence.