RAJKESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants, namely, Rajkeshar Prasad Singh and Satish Kumar alias Koku Singh have been convicted under sections 307 and 427 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment five years under sec. 307 of the Indian Penal Code. Appellants namely, Balmiki Singh and Surendra Singh have been convicted under sections under sections 307/149 and 427 of the Indian Penal Code and have been sentenced to under go rigorous imprisonment for five years. However no separate sentence has been passed under sec. 427 of the Indian Penal Code against the appellants.

(2.) THE prosecution case, in brief, is that on 6.1.1981 at 6 a.m. the accused Rajkeshwar Singh armed with a Garasa, Satish Kumar alias Koku Singh with a Garasa, Shivdani Singh, Surendra Singh and Balmiki Singh armed with lathi came to the machine fitted in the well of the informant Gaukaran Singh ituated in the adjacent south of his Baithaka with a view to draw water with a latha from the well. The machine of the informant was in operation in the well. It has been further stated that the informant protested the accused persons from drawing water with Latha from the well saying that his machine was installed in the well in the year 1967. This led to altercation. All the accused persons began to damage the machine house. The informant protested. It has been further stated that the accused Surendra Singh ordered to kill and thereupon the accused Rajkeshwar Singh gave a Garasa blow on the head of the informant Gaukaran Singh with a view to kill him. The informant fell down and thereafter the accused Shivdani Singh gave a lathi blow on the neck of the informant The informant raised Hulla and thereupon his old father Bhagwat Singh, Bahadur Singh, Ram Singh and Rajo Singh of the village came there and intercepted. Thereafter, the accused Rajkeshwar Singh ordered to kill Bhagwat Singh, the old father of the informant and thereupon the accused Satish Kumar alias Koku Singh gave a garasa blow on the head of Bhagwat Singh who fell down and thereafter, the accused Balmiki Singh gave a lathi blow on his left shoulder. The above witnesses and other villagers, witnessed the occurrence and saved the life of the informant and his father. The informant on 6.1.1981 at 6 A.M. gave his statement to the A.S.I, of police of Nawadah police station in the Sadar Hospital, Nawadah. On the basis of the aforesaid statement a formal F.I.R. was drawn up. The police took up investigation and after completion of investigation the police submitted charge sheet against the accused persons. Thereafter the cognizance was taken and the case was transferred to the court of session for trial and finally the trial concluded with the result as indicated above.

(3.) THE prosecution in order to prove its case has examined altogether nine witnesses. P.W. 1 is Uttam Kumar. He is a fornal witness and he has proved the Fardbeyan. P.W. 2 is Gaukaran Singh, the informant. P.W. 3 is Ram Singh. P.W. 4 is Bhagwat Singh. P.W. 5 is Bahadur Singh P.W. 6 is Dr. S '.P. Singh who has examined the injured. P.W. 7 is Babulal Singh. He is also a formal witness. P.W. 8 is Vijay Kumar and he is also a formal witness. P.W. 9 Rameshwar Pathak is the I. O. of this case.