THAKUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arise out of the same judgment and they have been heard together and hence they are disposed of by this common judgment. Appellant Jamuna Rai is the sole appellant in Cr. Appeal No. 398 of 1983. Appellant Sheodatta Mishra alone has filed Cr. Appeal No. 603 of 1983 and the rest figure as appellants in Cr. Appeal No. 597 of 1983.

(2.) All the appellants (of the three appeals) have been convicted under Section 302, read with Section 149 of the Indian Penal Code (hereinafter referred to as the Penal Code') and sentenced to suffer imprisonment for life. They have also been convicted under Section 307 read with Section 149 of the Penal Code, for which sentence of five years rigorous imprisonment has been awarded to each one of them. Appellant Omprakash (Cr. Appeal No. 597 of 1983) has further been convicted under Section 27 of the Arms Act and sentenced to undergo imprisonment for one year. The Sentences have been ordered to run concurrently.

(3.) The prosecution was launched on the basis of the Fardbeyan (Ext. 6) of the Ram Chandra Prasad (P. W. 13) which was recorded on 19 -8 -1981 at 5.15 p. m at his residence situated in Ranighat and within Sultanganj Police Station in the town and district of Patna. The prosecution case, as disclosed in the Fardbeyan and the material available on the record, is that in the night between the 18th and 19th of August, 1981, Ranjan Kumar (P. W. 1), son of the informant (P. W. 13) was sleeping on the verandah attached to the house from outside towards east. The informant and his other family members were sleeping in the residential house. He (P. W. 1) woke up at about 4.15 a. m. when P. W. 1 told him that appellant Thakur Singh and about eight other persons were demolishing the wall standing close south of the grill fitted in the eastern verandah. The informant, his wife Shashi Devi and his sons, namely, Ranjan Kumar (P. W. 1), Manohar Prasad (P.W. 4), Ranjit Kumar (P. W. 9) and Arbind Kumar came out in the verandah In the light of the bulb, they noticed appellant Thakur Singh armed with lathi, appellant Omprakash with a double barrel gun and appellant Nand Kumar with iron rod standing close to the verandah and five other parsons were engaged in demolishing the said wall with Khanti, chisel and hammer. The informant and his son Arbind Kumar (since deceased) accosted the accused persons. Appellant Thakur Singh and his two sons started throwing brick -bats. Some brickbats came over the verandah through the openings in the grill. The informant and his family members, thereafter, raised alarm and he wanted to open the lock of the grill to seek help from his neighbourers (Muhallawala). Appellant Thakur Singh ordered to shoot down the informant and his family members and asked that none should be allowed to escape from the house. Appellant Omprakash repeatedly fired his gun as a result of which the informant and those present in the verandah sustained injuries. Arbind Kumar, after sustaining the gun -shot, started reeling and was about to fell down but he was helped by his parents who held him and took him in the room attached to the verandah. He was laid on a cot where he died immediately. P. Ws. 1, 4, 9, 13 and Shashi Devi also sustained injuries on different parts of their bodies. The informant started raising hulla of "Chor -chor" but none came to their rescus. The informant aroused his eldest son, Birendra Prasad (P. W. 6) who was sleeping in the rear -room towards west and asked him to inform the police.