TUNTUN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Tuntun Singh of Cr. Appeal No. 101 of 2013 and the appellants Dhanjit Singh and Surendra Singh @ Dhedhi Singh of Cr. Appeal No. 109 of 2013 have filed the present appeals aggrieved by the judgment of conviction dated 18.12.2012 and the order of sentence dated 19.12.2012 passed by the learned Ad hoc Addl. Sessions Judge (F.T.C. IInd) Bhojpur, Ara in S.T. No. 266 of 1996 (arising out of Barahara P.S. Case No. 46 of 1995, whereby all the appellants were held guilty under sections 302, 307 and 148 IPC and sentenced to undergo R.I. for life. The Trial court has, however, not specified the charge under which they were sentenced.

(2.) The prosecution case unravelled in the Fardbayan lodged by the co-villager namely Nageshwar Singh (not examined) in village Ekawana and recorded by the officer-in-charge of Barhara police station on 01.04.1995 at 7.30 A.M., in brief, is that on the relevant morning at 6.00 A.M., he was washing his mouth near the hand pump of Baban Singh when he noticed the deceased coming after attending the call of nature. Co accused Faticher Singh @ Vijendra Singh, the appellant Surendra Singh @ Dhedhi Singh, both sons of Jangi Singh, co accused Rajiv Ranjan Singh @ Gudu Singh were also going towards the south from their house. The deceased Daroga Singh demanded from the co-accused Faticher Singh his dues which was flatly refused by him. The deceased insisted for payment, which ensued heated exchange of words between the deceased and co-accused Faticher Singh. Co-accused Faticher Singh and the appellant Surendra Singh then caught hold of the deceased and started assaulting him with fists and slaps. In the meanwhile, co-accused Gudu Singh rushed to his house and returned armed with pistol along with the appellants Tuntun Singh (armed with a rifle), Dhanjit Singh (armed with a pistol) and co-accused Papu Singh, armed with a Lathi. The appellant Tuntun Singh fired at the deceased from his rifle which hit him in his chest. Co-accused Faticher Singh again exhorted to assault him where-after co-accused Gudu Singh shot from his country-made pistol at the deceased which hit him in the left wrist. On receiving those injuries, the deceased fell on the ground. Lalbabu Singh (not examined), Daksh Narain Singh (P.W.3), Sunil Singh (P.W. 4) and Janardan Singh (P.W.7) ran to the place of occurrence and saw the deceased yelling on the ground. It is further alleged that the appellant Dhanjit Singh fired at Lalbabu Singh which however did not hit him where-after co-accused Papu Singh assaulted Lalbabu Singh with a Lathi on his head causing him injury. After completing the assault, the accused persons brandishing/flaunting their weapons fled away. The deceased died instantaneously at the place of occurrence. The fardbayan made by the informant Nageshwar Singh was attested by P.W. 3 Daksh Narain Singh. The signature of the attesting witness on the fardbayan is marked as Ext. A. A formal FIR was thereafter registered and investigation was taken up wherein the Investigating Officer sent the dead body for autopsy on the cadaver, inspected the place of occurrence and after recording the statement of the witnesses, submitted the charge-sheet against the present appellants whereon cognizance was taken and after committal proceeding, it came on the file of the learned trial court where the charges were framed and read over/explained to the appellants to which they pleased not guilty. The defence of the appellants is complete denial of the prosecution case and their false implication.

(3.) To further the prosecution case at trial, the prosecution examined 08 witnesses besides placing on record the post mortem report (Ext.1), the injury report of Lalbabu Singh (not examined) as Ext. 2 and the signature of the attesting witness on the fardbayan was proved in course of investigation by P.W. P.W. 1 Dr. Purushottam Singh is the autopsy surgeon who held the post mortem on the deceased and proved the post mortem report (Ext.1). P.W. 2 Dr. Ramesh Mishra is the doctor who had examined/treated Lalbabu Singh of his injury. He has proved his injury report (Ext.2). P.W. 3 Daksh Narain Singh, P.W. 4 Sunil Kumar Singh and P.W. 5 Brajesh Kumar Singh (son of the deceased) have supported the prosecution case and narrated the ocular account of the prosecution case. P.W. 6 being the Bhabhi of the deceased and P.W. 7 being the nephew of the deceased have been declared hostile. P.W. 8 Dev Narayan Singh (cousin brother of the deceased) has been tendered. On a critical analysis of the evidence adduced by the prosecution, the learned trial court held the appellants guilty and sentenced in the manner stated above.