KANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals have been heard together because they arise out of same judgment and order dated 16.7.2002 passed by Additional Sessions Judge (Fast Track Court 1), Buxar in Sessions Trial No. 326/84 arising out of Buxar (M) PS Case No. 89/84. Altogether nine persons were tried, out of whom four have been acquitted by the learned trial court of all the charges, Sri Kant Singh and Ram Pujan Singh (Appellants in Cr. Appeal No. 421/02) have been convicted for the offence under Section 302 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'IPC) and awarded life imprisonment, the sole appellant of Cr. Appeal No. 459/02, Tarkeshwar Singh has been convicted for the offence aforesaid and awarded life imprisonment. He has also been convicted under Section 307 and awarded RI for seven years and also under Section 27 of the Arms Act for which he has been awarded RI for two years. The two appellants, Ramanuj Tiwari and Sri Bhagwan Singh (Cr. Appeal No. 505/02) were charged for the offence under Section 302 IPC but have been convicted for the offence under Section 302 read with Section 149 IPC and awarded life imprisonment and they have been also convicted for the offence under the Arms Act and awarded RI for two years for the same.

(2.) IN the alleged occurrence three persons, namely, Gauri Shankar Missir, Ganesh Missir and Munilal Chamar were killed. The son of deceased Munilal Chamar, Ram Nath Ram, PW 1, is the informant. He has claimed to be an eye witness of the entire occurrence in which allegedly Gulzar Dusadh, PW2, also received grievous injury. He has also claimed to be an eye witness. The remaining two prosecution witnesses include PW 3, Dr. R.P. Jaiswal who conducted autopsy on the three dead bodies and has proved the postmortem reports as Exhibits 2, 2/1 and 2/2. He had also examined the injuries of PW 2 soon after the occurrence and has proved the injury report as Exhibit 9. The only other prosecution witness is PW 4, Sub Inspector of Police, Suresh Prasad Singh who has proved the Fardbeyan (Exhibit 3), inquest reports (Exhibits 4 to 4/2) and seizure lists (Exhibits 5, 5/1 and 5/2).

(3.) IN the Fardbeyan the informant also disclosed that he had earlier learnt from deceased Gauri Shankar Missir that widow of late Ratan Tiwari of village Barki Kothiya, Pawitra Kunwar had long ago gifted about four acres land including the land where the occurrence took place, to deceased Gauri Shankar Missir, her grandson (Nati) and accused Mahanth Tiwari (since dead) was contesting a civil suit in respect of that land against Gauri Shankar Missir since about 10 -12 years. About three years earlier Gauri Shankar Missir had succeeded from Consolidation Office at Buxar and on that basis he had been tilling and growing crops on that land. Due to said dispute the alleged occurrence had been committed by the accused persons in which Gauri Shankar Missir, Ganesh Missir and Munilal Chamar were killed and Gulzar Dusadh sustained injury.