RAMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellant as well as learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 24.09.2002 passed by Additional Sessions Judge, F.T.C. No.1, East Champaran, Motihari in Sessions Trial No. 132 of 1990 arising out of Kesariya P.S. Case No. 77 of 1987, whereby the learned trial court convicted the appellant Rama Singh for the offence punishable under Sections 148 and 307 of the Indian Penal Code and sentenced him to undergo R.I. for five years and also slapped him with the fine of Rs. 1000/- and in default of payment of fine to further undergo S.I. for three months for the offence under Section 307 of the Indian Penal Code and further sentenced him to undergo R.I. for 6 months for the offence under Section 148 of the Indian Penal Code. Aforesaid sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Kesariya P.S. Case No. 77 of 1987 was instituted under Sections 147, 148, 435, 379 and 307 of the Indian Penal Code and Section 27 of the Arms Act against the accused persons, namely, Rama Singh, Hari Narayan Singh, Ram Swaroop Singh, Ram Agya Singh, Bhagya Narayan Singh, Baleshwar Singh, Saryug Mahto, Dhurup Singh, Suba Singh and Prabhu Singh on the basis of the fardbeyan of Banshi Mahto, Son of Jiyut Mahto, resident of village- Sagar Churawan, P.S.- Kesariya, District- East Champaran, Motihari recorded by A.S.I. Y. N. Upadhyay of P.S. Kesariya on 16.06.1987 at 9 PM at P.S. Kesariya with the allegation in succinct that on 16.06.1987 at around 01:30 PM, he arrived at his house. In the meantime, his daughter Sharda Kumari informed him that several persons armed with lathi, farsa and gun had descended at his flour mill. On said information, he stepped out of his house and spotted Rama Singh armed with licensee gun, Hari Narayan Singh armed with farsa, Ram Swaroop Singh, Ramagya Singh, Bhagya Narayan Singh, Saryug Mahto, Baleshwar Singh, Dhruv Singh, Sube Singh and Prabhu Singh all armed with lathi near his flour mill. Bhagya Narayan Singh set the bundle of the straw kept near his mill ablazed. He rushed to the aforesaid place making alarm. Whereupon Hari Narayan Singh gave order to eliminate him claiming that he had occupied his land for the last 16-17 years and installed his mill on the said land. Whereupon Rama Singh resorted firing upon him by means of gun which hit him below his right knee. Sustaining injury, he escaped towards his house then he resorted four fires, but he escaped the fire. Anyhow he rushed to his house and saved his life. On hulla, Bharat Singh, Ganga Mahto, Sukhal Mahto and Mahesh Mahto arrived there and witnessed the occurrence. After a short while, his daughter Sharda Kumari and Prabha Kumari informed him that the accused persons have taken away belt and hallar worth Rs. 1100/- from his mill. Bharat Singh rushed him to the government hospital Kesariya to accord him medical aid.