BANSH LOCHAN SINGH, HILSA, NALANDA, TUNUK SINGH, SHAILENDRA SINGH, NARENDRA @ NAGENDRA SINGH, SITA RAM SINGH MADHESH SINGH @ MADESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appeals arise out of the judgment dated 20th of December, 2001 and order dated 21st of December, 2001 passed by the 2nd Additional Sessions Judge, Hilsa, Nalanda in Sessions Trial No. 510 of 1992. By the said judgment and order, Bigendra Singh @ Birendra Singh (sole appellant in Criminal Appeal No. 87 of 2002) and Madhesh Singh @ Madesh Singh (sole appellant in Criminal Appeal No. 32 of 2002) have been held guilty of offence under Sections 148 and 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and life respectively. Tunuk Singh, Shailendra Singh, Narendra @ Nagendra Singh and Sita Ram Singh (since dead), appellants in Criminal Appeal No. 8 of 2002 have been held guilty of offence under Sections 147 and 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and life respectively. The sentences were directed to run concurrently.

(2.) All the appeals were heard together and, as such, they are being disposed of by this common judgment.

(3.) Prosecution started on the basis of the statement given by P.W. 10 Surendra Singh before the Officer-lncharge of Khudaganj Police Station on 10.11.1990 at 9 A.M. at Khanwat Khanda at village Chandrabatai within Police Station Khudaganj in the district of Nalanda. According to the informant, while his father Baleshwar Singh was getting his land bearing Chakbandi plot nos. 29 and 354 ploughed by his ploughman Jagdish Mochi (P.W. 3) on 10.10.1990 at 8 A.M. for getting mustard and wheat crop sowed, Shyam Kishore Singh (since dead), appellants Tunuk Singh, Madhesh Singh, Bigendra Singh, Shailendra Singh, Narendra Singh and Sitaram Singh (since dead) beside Rajesh Singh armed with lathis, sickle and guns suddenly came there, caught hold of his father and dragged him towards west of the land. Informant further alleged that Shyam Kishore Singh exhorted all the accused persons to push down his father on the ground and cut him by means of sickle. According to him, Baleshwar Singh was thereafter taken to a barren land, 200 yards west of their land which had paddy field all around belonging to Bishundhari Choudhary, where he was held by all the appellants and appellants Bigendra Singh and Madhesh Singh cut his left leg. According to the informant, while he was going to the field taking the refreshment of his father and the ploughman, he saw the incident from ridge. It has also been alleged that when the appellants saw him seeing the incident, they chased him and thereupon he fled towards the village. The ploughman when he saw that informant's father had been apprehended, he fled away from there. According to him, after the appellants had fled away, he alongwith other witnesses went to the place of occurrence and found the leg of his father cut below the knee and on account of profuse bleeding he died. According to the informant, they were in peaceful possession of Chak plot nos. 29 and 354 since 1971 in which Rabbi crop was being sown and the incident had taken place on account of dispute over Chak plot no. 29. In the first information report, informant had disclosed the names of Rajendra Singh (P.W. 6), Ram Bali Prasad (P.W. 2) and Niranjan Prasad (P.W. 4) to be the witnesses to the occurrence.