AJOY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No.186 of 1992 and Criminal Appeal No. 210 of 1992 arise out of the same judgment. They have been heard together and are being disposed of by this common judgment.

(2.) Both the appellants Ajay Singh and Ashok Singh have been convicted under Sections 304-Part 11/34 of the Indian Penal Code and were sentenced to undergo R.I. for five years each.

(3.) The prosecution case as disclosed on the basis of fardbeyan of the informant at about 2.00 a.m. in the early morning on 3.5.1989 is that the informant had settled marriage of his daughter Nilu Kumari with one Narendra Singh of District Chapra. Accordingly, barat reached his village in the previous evening and was staying in the building of Sanskrit Middle School. Thereafter barat party took their refreshment at the house of the informant and at about 8.00 p.m. they started back to 'Janbasa'. It has been alleged that two to three boys of barat were going behind them while the barat party was going to janbasa. The informant himself and Sitaram Singh, Punyadeo Singh. Kameshwar Singh, Devendra Singh and Chandeshwar Singh of the same village were also going. When these persons reached on the road by side of the pond which was to the north of that school they saw Ajay Singh and Ashok Singh both accused came from behind and overtook the informant and others going with him and started cutting jokes with those boys of the barat party who were going ahead. The boys of barat objected to the dirty talks at which it has been alleged that Ashok and Ajay started abusing and quarreling with them In the meantime, Ashok Singh caught hold of one boy of the barat and Ajay Singh took out a dagger from his waist and inflicted the dagger blow in the chest of the boy. The boy cried loudly and fell down on the earth at which both the accused fled away. The informant and others started lifting the boy and arranged for the doctor but the boy expired. The persons of the barat also came there from where they learnt that the name of the boy was Mukesh Kumar Singh. This occurrence took place in the night at 8.30 p.m.