CHANDRA MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 17.4.1993 passed by Sri Anil Kumar Verma, 2nd Additional 125/1983 by which he convicted the appellant Under Section 324 of the Penal code and sentenced him to undergo R.I. for two years.

(2.) The prosecution case, in short, is that on 18.10.1982 at about 10 PM informant Yogendra Rai after taking supper was lying in the cattle shed of his Bathan. His father Sonafi Rai was also lying there. A lantern was burning and hanging with the roof. It is said that 9-10 persons variously armed came there. The informant identified appellant Chandra Mohan Singh who was armed with country made revolver, Shambhu Singh and Sakindar Singh were armed with Bhala, Ram Kishore Singh was armed with Farsa, and Gauri Shanker Singh, Dinbandhu Singh and Devesh Singh were carrying Lathi. As soon as they reached appellant Chandra Mohan Singh fired from his country made revolver which hit the informant on his right leg and knee, left leg and knee and other parts of the body. Shambu Singh hurled Bhala which, however, could not cause any injury to the informant. On informant's hulla his brother Mahendra Rai came out of his room and other witnesses also arrived'. Further case is that informant's brother Mahendra Rai told him that Ram Bilash Singh gave him two lathi blows and also snatched Rs. 5,00/- from his pocket. It is said that after villagers arrived the accused persons fled away. The reason behind the occurrence as stated in the fard bayan is that one day earlier to the date of occurrence Chandradeo Rai of village Mahesha was assaulted by Satendra Singh and his brother and for that there was an altercation between accused Ram Bilas Singh and the informant at 5 PM on the date of occurrence. It appears that informant was taken to Runni Saidpur police station where his statement was recorded on 19.10.1982 at 2.50 AM. It further appears that FIR was received in the office of Chief Judicial Magistrate, Sitamarhi on 20.10.1982. Police after investigation submitted charge sheet on the basis of which cognizance was taken. The case was later on committed to the court of Session and charges were framed against the appellant Under Section 307 of the Penal Code and Section 27 of the Arms Act. Other six accused were charged Under Sections 307/149 of the Penal Code. Accused Ram Bilash Singh was further charged Under Sections 323 and 379 of the Penal Code. He, however, died during the course of trial. After trial only the appellant was convicted Under Section 324 of the Penal Code and rest accused persons were acquitted. Against the said conviction and sentence the appellant has preferred the present appeal before this Court.

(3.) To bring home the charges the prosecution has examined in all 15 witnesses, namely, PW1, Gagandeo Rai, PW2, Satrughan Rai, PW3, Qarib Rai, PW4, Rajendra Rai, PW5, Julum Rai, PW6, Gobind Rai, PW7, Dharmdeo Rai, PW8. Mahendra Rai, PW9, Chalitra Rai, PW10, Ram Prasad Rai, PW11, Nageshwar Thakur, PW12, Yogendra Rai (informant), PW13, Dr. Jagannath Mishra, PW14, Sitaram Mahto and PW15, Arun Kumar Jha. PW13 at the relevant time was Medical Officer Incharge, Primary Health Centre, Runni Saidpur. PWs 14 and 15 are two police officers who had participated in the investigation.