SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenging his conviction vide judgment dated 05.02.1994 passed by the court of Additional Sessions Judge XII, Patna, in Sessions Trial No. 620 of 1992 and convicting him to undergo life imprisonment for offence punishable under Section 302/34 of the Indian Penal Code and rigorous imprisonment for three years under Section 394 IPC, this appeal has been filed by the appellant.

(2.) It is the case of the prosecution that on 31.03.1992 the informant PW 4 Devi Dayal Singh recorded a fardi to the effect that in the night of 31.03.1992 at about 7 PM, when he was ready to leave for Majhauli Bazar for his village, he saw Binod son of Girija Prasad of his village getting down from a bus he called Binod, and all of them decided to go home together. After sometime when they proceeded in the dim light of a torch, three persons approached them. They identified one of them to be the accused Sanjay Singh son of a Master Saheb of the village. It is said that the other two persons were unknown and could not be identified. According to the informant, Devi Dayal Singh demanded money from him. He replied that he is a poor man and does not have anything. On this, Sanjay threw him on the ground and tried to assault him with fist and blow. It is said that at the same time the associates of Sanjay, attacked Binod, started beating and at that point of time Sanjay Singh left the informant and joined his associates in assaulting Binod, then Sanjay is said to have fired on Binod and injured him on the right shoulder. Binod fell down screaming. It is said that from the person of the informant, 75 rupees was taken away by the accused persons and while leaving and in commotion noise was created they ran away snatching the wrist watch from Binod. Binod was taken to the hospital and succumbed to the injury.

(3.) The other two accused persons who were with the appellant Sanjaj were never identified. They were never caught and were not prosecuted. It was only Sanjay Singh who later on arrested from the village and prosecuted.