DASHRATH SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (S.J.) No.86 of 2015 wherein Dushrath Singh, Rajesh Kumar @ Raju @ Rajesh Kumar Singh and Rupan Singh are the appellants and Cr. Appeal (S.J.) No.88 of 2015 wherein Genalal Singh is the appellant commonly originate from the judgment of conviction dated 10.12.2014 and order of sentence dated 12.12.2014 passed by the Adhoc Additional Sessions Judge-8th, Munger in Sessions Trial No.66 of 2011/ 51 of 2014, on account thereof, heard together and are being disposed of by a common judgment.

(2.) All the appellants named above have been found guilty for an offence punishable under Section 147 of the I.P.C. and sentenced to undergo R.I. for one year, under Section 148 of the I.P.C. and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.1,000/- and in default thereof, to undergo S.I. for one month, additionally and under Section 307 / 149 of the I.P.C. and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo S.I. for three months, additionally while appellant Rupan Singh and Rajesh Kumar Singh @ Raju have further been found guilty for an offence punishable under Section 27(1) of the Arms Act and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.1,000/- and in default thereof, to undergo S.I. for one month with a further direction to run the sentences concurrently, with a further direction to set off relating to the period already undergone during course of trial in terms Section 428 of the Cr.P.C.

(3.) PW-3 Pankaj Kumar Singh gave his fard-bayan on 21.05.2010 while he was admitted at Rajeshwar Hospital, Patna in presence of Manoj Kumar Singh and Upendra Kumar Kuswaha disclosing therein that on 31.05.2010, the marriage ceremony of his younger sister was fixed. He had gone to Asarganj market for purchasing of ornaments, other items along with his father and cousin brother Raj Kamal on 18.05.2010. At about 4.30-5.00 p.m. after doing some marketing while they were returning from Asarganj market over motorcycle and reached near graveyard of village-Kharwa, they slowed the speed of motorcycle on account of road being damaged. All of a sudden, his co-villagers Gaina Lal Singh and his three sons namely Anil Singh, Rajesh Kumar @ Raju Singh and Shyam Singh, brother of Gaina Lal namely Dushrath Singh and Rupan Singh along with two unknown persons appeared and encircled him. They were armed with pistol and musket. Till then, his father and cousin, who were on another motorcycle also reached. Gaina ordered to snatch money as well as to murder, whereupon Shyam Singh shot at him causing injury over his left thigh as a result of which, he fell down. Then Dushrath Singh said that he is not dead, whereupon Anil Singh fired on his chest as a result of which, he sustained injury over his left Panjar. Again Dashrath Singh ordered to kill his father as well as cousin brother over which, Rajesh Kumar Singh and Rupan Singh fired from their pistol, but they have got miraculous escape as the assailants missed the aim. Then thereafter, they took away cash appertaining to Rs.70,000/- as well as ornaments appertaining to Rs.1,00,000/-. He became unconscious. When he regained sense, he found himself admitted at Rajeshwar Hospital where he was undergoing treatment.