RAMANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals were heard together as both arise out of the same judgment The two appellants have been convicted for various offences in connection with an occurrence, which took place at about 9 a. m. on 6-9-63 at Chhakauri Khanda in village Barni, 2 miles away from Masaurhi Police Station, in course of which twelve persons sustained gun-shot injuries and one of whom, namely. Hanslal Gope, succumbed at the spot as a result of the injuries. All the injured persons are residents of village Ashrafganj, and there is a pyne in village Barni, which is recorded under plot No. 498. The prosecution case is that the lands of village Ashrafganj also are irrigated by the water of this pyne, and for this purpose, the water comes from village Malkana. which is to the south and west of village Barni. A day or two before the occurrence Hirday Gope (P. W 20) and some others had gone to village Malkana to arrange for the flow of water in the pyne from that village, as there was a severe drought in that area at that time and the paddy crop was drying up for want of water. On the day prior to the date of occurrence, water was actually flowing along the pyne from village Malkana towards village Ashrafganj, but some time during the night before the occurrence, the flow of water was blocked by the appellants and others by putting a bundh in the pyne at Chhakauri Khanda in village Barni. On the morning of the day of occurrence, i. e., on the morning of 6-9-63, P W. 20 Hirday Gope and several other persons of Asharafganj went to Chhakauri Khanda and found that a mob of about 40 to 50 persons including the present appellants present at the Khanda and among them the two appellants were armed with guns, and the rest of the members of the mob were armed with falsa, garasa, bhala, lathi, etc. Appellant Ramanand was a gun-licensee, but the other appellants had no licence for having any such gun.

(2.) The Ashrafgani people further found three or four of the members of the mob engaged in putting earth on the bundh in order to strengthen it. They requested the members of the mob to allow the water to flow towards their village, but it was refused on this, some of the men of Ashrafganj cut the bundh and the water began to flow south-ward. As soon as this was done, some of the members of the mob ordered assault, and on this, the two appellants, Ramanand and Kripal started firing their guns upon the Ashrafganj people. According to most of the witnesses, Ramanand fired four rounds while Dripal fired three rounds and as a result of the firing of bullet by Ramanand. Hanslal was killed on the spot while eleven other persons, namely, P. W's. 1. Ramjatan Gowala, 2. Ram Briksha Prasad, 3, Lala Prasad, 4 Bandali Mian, 5. Bandhu Gope, 6. Rajendra Prasad, 7. Kripal Prasad, 8. Mehi Gope, 9. Dahu Gope, 10. Jugesbwar Prasad and 20, Hirday Gope, sustained various injuries some of them having sustained injuries as a result of firing by Ramanand and the others as a result of firing by Dripal. The appellants and other members of the mob fled away after this.

(3.) The Assistant Sub Inspector of Police, Jainarain Singh (P. W. 26), was returning at the aforesaid time from village Dhanarua, where he had gone on the preceding day, in connection with some investigation. At about 9.15 a. m. he arrived at a place a little west of village Barni, and then he heard a hulla corning from the north, and on looking to that direction, he found that some people had assembled at that place. He thereupon proceeded to the place, and on reaching Chhakauri Khanda met Friday Gope and other injured persons and also found the dead body of Hans-lal lying on a cot on the western alang of the pyne, where it had been removed in the meantime. This Assistant, Sub Inspector of Police then recorded the fardbeyan (Ext 2) at 9.30 a. m. on the basis of the statement of Hirday Gope (P. W. 20), and at this stage, a Sub-Inspector of Police of Masaurhi Police Station, namely, Gangadhar Sinha (P. W. 28), also reached there. It appears that prior to the above occurrence, an information had been received by Masaurhi Police Station about there being an apprehension of the breach of peace in village Barni and thereon Gangadhar Sinha (P. W. 28) had been deputed by the Officer-in-charge to this place. On his arrival at the spot, this officer took up the investigation of the case and under his direction, the Assistant Sub Inspector (P. W. 26) held inquest on the dead body of Hanslal and sent the same for postmortem examination. Sub Inspector Gangadhar Sinha then sent the other injured persons as well as the fardbeyan to Masaurhi police Station with a requisition to the Officer-in-charge to get the injuries of the injured persons examined by the doctor. From Masaurhi Police Station all the injured persons were sent to the State Dispensary at Masaurhi, where they were given first aid by Dr. B. D. Pandey (P. W. 12), who referred all of them to the Patna Medical College Hospital. These injured persons were subsequently examined at the Patna Medical College Hospital by P. W. 21, Dr. Bhu-pendra Jha. whose evidence as recorded in the court of the committing magistrate has also been tendered and admitted in the court of session under Section 509 of the Code of Criminal Procedure.