MANGRU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case is a glaring example of justice frustrated on account of manouvring of the parties and persons interested. Even the son of the victim has retracted from his statement before the police and gone against the prosecution case. The way witnesses have deposed, one can safely say that they have indulged in perjury.

(2.) Lamentations aside, appellants have been convicted by the 1st Additional Sessions Judge, East Champaran at Motihari, appellant Ram Bilas Singh under Section 302 of the Indian Penal Code and other appellants under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(3.) Briefly stated the prosecution case is that on 28 -4 -1974 at village Bara Harpur within Harsidhi Police Station of the district of East Champaran, Saryu Mahre (informant's son) was ploughing his land of plot No. 500 appertaining to Khata No. 10 having an area of 5 Khathas 14 1/2 Dhurs. He had cultivated sugarcane in 3 Kalhas and the remaining land which was fallow was being ploughed by him. At about 11 a. m , however, appellant Ram Bilash Singh with appellants Mangru Singh and Ram Lal Singh and others came on a tractor. They forcibly unyoked the bullocks and removed the plough belonging to Banshi Mahare and started ploughing the field by tractor Banshi Mahara and his brother Bhola Mahare as also the informant came in front of the tractor to protest. Appellants and others, however, paid no heed to their protests. According to prosecution, Matigru Singh and Ram Lal Singh said that they would shoot the informant and hit sons dead and appellant Ram Bilash fired a shot from a gun aiming at Saryu Marars, Saryu sustained injury in his chest and fell down dead. Appellant Ram Bilash not the tractor removed from the field towards north id the field belonging to appellant Mangru Singh, get the oil like substance removed from the tractor and set the tractor to fire. In the mean while witnesses arrived and seeing them coming accused persons fled away.