NITYA NAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 5.02.1988 passed by 1st Additional Sessions Judge, Bhagalpur in Sessions Case No.377 of 1988 whereby and whereunder the learned Additional Sessions Judge has convicted appellant nos. 1 to 13 u/s. 302 read with Sec. 149 of the Indian Penal Code (in short, "I.P.C.") and sentenced them to undergo rigorous imprisonment for life. He has further convicted appellant no.13 Arjun Rai under Ss. 307 and 148 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years u/s. 307 of the Indian Penal Code and R.I. for one year u/s. 148 of the Indian Penal Code He has further convicted appellant no.14 Lillo Singh under Ss. 302 and 148 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life u/s. 302 of the Indian Penal Code and rigorous imprisonment for one year u/s. 148 of the Indian Penal Code He has further been pleased to order that all the sentences passed under different counts against the appellants shall run concurrently.

(2.) THE prosecution case, as per the fardbeyan of P.W. 9 Udit Narayan Singh, son of Raja Ram Singh of village Borwa Tola Kadwa, P.S. Dholbajja, District Bhagalpur recorded by Sub -Inspector of Police Naresh Kumar Sinha (P.W. 10) on 31.7.1981 at 6 P.M. at Dholbajja Police Station in presence of Kamleshwari Sao, Medi Mandal (P.W. 7) and Jageshwar Mandal (P.W. 8), in brief, is that on the same day at about 2.30 P.M. when the informant Udit Narayan Singh was at his house, several persons of Pratapnagar Tola of village Kadwa, namely, Suresh Prasad Singh (Dead), Dinesh Singh (appellant no. 3), Narad Singh (appellant no. 2 ), Nityanand Singh (appellant no.1), Billo Singh, (appellant no. 8), Lillo Singh (appellant no.14), Shiv Charan Singh(dead), Domi Singh (appellant no. 7), Bilo Roy (appellant no.10), Arjun Prasad Roy (appellant no.13), Chano Roy alias Chandradeo Roy (appellant no. 11), Deep Narayan Roy (appellant no.12), Bishembhar Pd. Roy (appellant no. 9) and Deep Narayan Singh (appellant no. 4) came to the field of Kadwa Adarsh High School which field is situated towards north of the school. They were armed with rifle, gun and 303 rifle. As soon as they reached there they fired three shots from rifle and gun in the air. On hearing sound of firing the Informant and other villagers came out from their house and rushed towards the place of firing. The informant 'snephew Binay Kumar Singh, Brahmdeo Sao and Basudeo Mandal also reached there. In the meantime, accused Suresh Singh (now dead) gave order to kill Binay Kumar Singh, Brahmdeo Sao and Basudeo Mandal saying that abovesaid persons were helping Mahadeo Mandal and Sita Ram Mandal in the Bataidari dispute going with Jageshwar Rai and Sheo Rai. After giving order to kill the abovenamed persons Suresh Singh himself fired two shots from his rifle causing injury to Binay Kumar Singh on his chest who died at the spot then Lillo Singh, appellant no. 14, fired from his rifle causing injury to Brahmdeo Sao who also died at the spot. Thereafter Arjun Rai, appellant no.13, fired from his gun causing injury to Basudeo Mandal, son of Jageshwar Mandal. The motive of the occurrence was that a Bataidari dispute was going on between Mahadeo Mandal and Sita Ram Mandal son of Shivshu Mandal of Borwa Tola of village Kadwa with Jageshwar Rai and Sheo Rai sons of Rameshwar Rai of Pratap Nagar Tola of village Kadwa and the accused persons were of the view that the informant party including the deceased Binay Kumar Singh, Brahmdeo Sao and injured Basudeo Mandal were helping Mahadeo Mandal and Sita Ram Mandal in the said Bataidari dispute.

(3.) DURING course of investigation S.I. Naresh Kumar Sinha recorded subsequent statement of the informant and the statements of other witnesses, inspected the place of occurrence, prepared inquest report of the two dead bodies, obtained post mortem reports of deceased Binay Kumar Singh and Brahmdeo Sao alongwith the injury report of injured Basudeo Mandal and after completing investigation submitted charge -sheet against the appellants on the basis of which cognizance was taken and the case was committed to the Court of Session by order dated 26.9.1983 by Sri H.C. Prasad, Sub -Divisional Judicial Magistrate, Naugachia. Thereafter charges were framed against the appellants and they were convicted and sentenced by the impugned judgment, as indicated above.