NIRANJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals are being disposed of by this common judgment passed in Cr. Appeal No. 97. of 1988 as all the three appeals arise out of a single judgment passed in Sessions Trial No. 110/79 of 1985/87.

(2.) The appellants have preferred these criminal appeals against the judgment dated 6th February, 1988, passed by Sri Lakshman Jee Jha, IInd Additional Sessions Judge, East Champaran, Motihari, in Sessions Trial No. 110/79 of 1985/87 whereby he has been pleased to convict appellant Dinesh Mahto and Niranjan Singh for the offence under Sections 148 and 302 of the Indian Penal Code and sentenced them to undergo imprisonment for life under Section 302 of the Indian Penal Code. He has further been pleased to convict appellant Upendra Singh for the offence under Sections 148 and 302/149 of the Indian Penal Code and sentenced him to undergo imprisonment for life under Sections 302/149 of the Indian Penal Code. It appears that the learned trial Court has not passed any separate sentence for the offence under Section 148 of the Indian Penal Code.

(3.) THE prosecution case as per the fardbeyan (Ext. -1) of PW 3 Vishwanath Baitha son of Sheoraj Baitha of village Kuriya, P.S. Pipra, District: East Champaran recorded by S.I. Man Mohan Prasad of Pipra P.S. on 13.3.1983 at 2.00 a.m. at village Kuriya, in brief, is that on 12.3.1983 at about 6.00 p.m. his neighbour Mukhlal Baitha came to the darwaza of the informant and kept there trimmed branches of Sisam tree claiming that the land belonged to him. A panchayati was held amongst the parties but the informant 'sfather did not agree to the panchayati, whereupon, Mukhlal Baitha chased the informant 'sfather with a country made gun. In order to save his life, the informant 'sfather ran towards the darwaza of Parichchan Singh and fell down on his feet and requested him to save his life but in the meantime, Mukhlal Baitha fired from behind from his country made gun, as a result of which, the informant 'sfather and Parichchan Singh both sustained fire arm injury and fell down. Since Parichchan Singh had sustained serious injuries, as such, he was immediately taken to hospital by some co -villagers and the informant 'sfather along with his brother Ram Sagar Baitha proceeded towards Police Station but when they reached near the village pond Mukhlal Baitha intercepted them and then due to fear the informant 's brother and father returned back to their house. Further case is that on the same day at about 9.10 p.m. Mukhlal Baitha armed with gun, Niranjan Singh armed with Jarsa. Upendra Singh, Prabhu Rai and Dinesh Mahto armed with country made gun along with two unknown persons, who were also armed with country made gun came to the cattle shed of the informant. As soon as they came there Mukhlal Baitha opened firing from his gun at the informant 'sfather, who being injured fell down. The informant 'sbrother Ram Sagar Baitha rushed to save his father, whereupon, all he above named accused persons started firing upon the informant 'sbrother as well as his father, as a result of which, both persons sustained multiple fire arm injuries. The informant witnessed the entire occurrence hiding himself in the same thatched room. After the occurrence all the accused persons fled away saying that they had taken revenge from the enemy. The occurrence was witnessed by the informant and his family members and several villagers but due to fear no one could dare to oppose the heinous crime committed by the accused persons. The motive behind the occurrence was that there were series of litigations pending between the informant 'sfather and Mukhlal Baitha and Niranjan Singh with respect to land dispute. The other accused persons are said to be the associates of Mukhlal Baitha and Niranjan Singh.