BRIJNANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these five appellants are aggrieved by the Judgment of conviction and order of sentenced dated 19.11.92 passed by Sri. A. Toppo, the then Additional Sessions Judge-Ist, Barh (Patna) in Sessions Trial No. 119 of 1995 arising out of Bakhtiyarpur P.S. Case No. 259 of 1983. By the impugned Judgment and order all the appellants have been convicted under Section 27 of the Arms Act and each of them have been sentenced to undergo R.I. for three years end appellant No. 4, Madan Singh has further been convicted under Section 429 of the Indian Penal Code and awarded R.I. for three years. The sentences were to run concurrently.

(2.) The prosecution case is based on the written report submitted by informant, Ashok Kumar Singh, P.W.4. According to the informant at about 4.45 A.M. on 15.12.1983 while he was taking tea at his Darwaja he saw all the five appellants alongwith one Krishnandan Singh (since deceased) variously armed with rifle, gun and pistol and heard accused Brijnandan Singh giving an order to kill Ashok (informant) as he had lodged a case. It is said that on such order appellant, Madan Singh, fired several rounds with the licenced rifle belonging to accused Krishnandan Singh. Seeing this the informant fled and to save himself entered into his house and bolted the door from inside. It is said that several bullets hit Osti of Paras Singh and ricocheted on to the walls to leave their mark and one bullet hit the door of the house of the informant and went through the door blank and another bullet hit the wall of the Osara. When the informant did not come out accused Krishnandan Singh (Since Deceased) allegedly told Madan Singh to kill the ox whereupon Madan Singh is alleged to have shot at and killed ox of the informant. The informant also heard accused Brijnandan Singh telling one of his accomplices to go and offer Rs. 20,000/- at the police station and burn the entire family of the informant to ashes. The cause of the occurrence is said to be the fact that a few days prior thereto appellant No. 1, Brijnandan Singh and others had enticed away one of the brothers of the informant, Anil Kumar Singh, to Kolkata where he was killed by administering poison for which a case was pending in the High Court. It is also said that a proceeding under Section 107 of Cr.P.C. had also been initiated in which the appellants had not appeared and warrants had been issued for their arrest. It is further said that at the time of occurrence only he and his younger brother, Suman Kumar Singh, were in the house and their father had gone out to harvest the crops and another of his brothers, Sunil Kumar Singh who was employed with the Bihar Regiment had gone to Danapur.

(3.) On the basis of the written report Bhakhtiyarpur P.S. Case No. 259 of 1983 was registered under Sections 147, 148, 149, 307 and 429 of the I.P.C. and Section 27 of the Arms Act against all the accused persons. After due investigation the police submitted a chargesheet against all the accused under the aforesaid sections of the Penal code and Arms Act. However, all the six accused were charged only under Sections 148 and 307 of the I.P.C. and Section 27 of Arms Act and accused Madan Singh was further charged under Section 429 of the I.P.C. to which they pleaded not guilty and claimed to be tried. The defence plea was one of innocence, false implication and a denial of the allegations. However, no witness has be en examined on behalf of the defence and only a few certified copies of a few documents are sought to be adduced as defence evidence.