AJODHYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal against the judgment of conviction passed by the Sessions Judge, Sasaram. The appellants have been sentenced to suffer imprisonment for life under sections 302/149 of the Indian Penal Code (hereinafter referred to as Tthe Code). Further appellant Sheomurat Singh has been convicted and sentenced to rigorous imprisonment for one year under section 147 of the Code and the remaining six appellants to suffer imprisonment for two years under lection 148 of the Code. Appellants Ayodhya Singh, Dasrath Singh, Baliram Singh and Jitendra Singh have been further sentenced to suffer rigorous imprisonment for one year under section 27 of the Arms Act also.

(2.) The case against them arose on the statements of Lal Bahadur Singh, the victim of this episode. He was seriously injured in the occurrence and later died in the hospital at Banaras. His fardbeyan (Ext. 1/1) was recorded by the police, on that basis an F.I.R. marked Ext. 1 was drawn. This fardbeyan has now been treated as dying declaration admissible under section 32 of the Evidence Act. The narration of the story as given by him is as follows. It was in the evening at about 4:30 p.m. on 16-8-79 when he was getting back to his village Bhakhar Band, that he saw accused Ayodhya Singh and Dasrath Singh carrying guns, accused Baliram Singh and Jitendra Singh holding rifles and accused Mohan Singh and Ram Bachan Singh with Ballam and accused Sheomurat Singh carrying a lathi. They all cried out to assault him. Accused Ayodhya fired a shot from his gun, but it did not hit him. Accused Jitendera then fired another shot from his rifle which struck him (Lal Bahadur Singh) on his right arm. Accused Baliram Singh also opened fire which hit on his stomach. Being fatally injured he dropped down in a nearby field. He has further said that a few days prior to it, on 25/1/1979 his nephew was suddenly bitten by a dog belonging to accused Ajodhya Singh. He had remonstrated and, chided Ajodhya Singh. But Ajodhya Singh instead of being apologistic had thrown the child in a water-reservoir resulting in instantaneous death of the child. Lal Bahadur had then asked Ajodhya Singh to kill his dog. Ajodhya Singh took it up in a front and instead of killing his dog he in conspiracy with his other companions killed the informant Lal Bahadur Singh.

(3.) On hearing the cry of Lal Bahadur Singh, a few persons had arrived and had witnessed the occurrence. Lal Bahadur Singh was soon taken to Bhagwanpur Police Station. The Sub-Inspector of Police (P.W. 8) has said that he found the condition of Lal Bahadur serious and took him to Bhagwanpur State Dispensary for immediate medical aid. The Sub-Inspector however, made station diary entry No. 272, of these facts, which has been marked as Ext. T41