RAMAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Chote Lal Singh, Ramayan Singh and Rajendra Singh have been convicted under sections 302/34 of the Indian Penal Code (in short the 'Code') and have been sentenced to rigorous imprisonment for life. Appellant Chote Lal Singh has further been convicted under Section 302 of the Code and sentenced to rigorous imprisonment for life. The sentences have been ordered to run concurrently. The appellants have filed this appeal against the above conviction and sentences.

(2.) The case of the prosecution was that on 11 -7 -1976 at about 11 a. m. at village Sisva Korar within Paharpur police station of the district of East Champaran, Binod Singh (Since deceased) son of Baijnath Singh (P. W. 7) had gone to watch his chilli and Bhindi field. At about 2 to 2.30 p m. on that day Bhagmani Devi (P. W. 3) along with Atmla (P. W. 2) mother and sister of the deceased, and Kariman (not examined) left for the field to pluck chilli and Bhindi. On way Kariman proceeded to ease. Bbagmani Devi (P. W. 3) and Amila Devi (P. W. 2) proceeded towards the field. They saw appellants Chote Lal Singh, Ramayan Singh arid Rajendra Singh. Appellant Chote Lal Singh was cutting the throat of Binod and appellants Ramayan and Rajendra Singh had caught hold of Binod on a Machan on which he (Binod) was watching the held. All the three appellants threw Binod in the adjacent Bhanli paddy held and fled away, On receiving the information about the occurrence from Kariman the informant Had Narayan Singh (P. W. 8) along with Baijnath Singh and others rushed to the place of occurrence and saw the dead body of Binod Singh lying on the Bhanli paddy field. Han Narayan Singh (P. W. 8) who is the informant, was sent to police station along with Chaukidar Chaturi to lodge the information Han Narayan Singh (P. W. 8) went to police station and on his statement Jayanand Jha (P. W. 18) the then offlcer -in -charge drew up the first information report (Ext. 5). In the F. I. R. the informant Hari Narayaa Singh (P. W. 8) had not named any one as the culprit and hence the F.I.R. was registered against unknown. Jayanand Jha (P. W. 13; took charge of the investigation of the case and subsequently on his transfer he made over charge of the investigation to Bishwanath Singh (P. W. 11) another officer -in -charge, who after completing investigation submitted charge -sheet.

(3.) During the course of investigation Jayanand Jha (P. W. 13) came to the place of occurrence at Bhanli paddy field of Porakha Mahto of Siswa Korar at a distance of about 10 to 12 Bighas to the north of village Siswa Korar. There he found the dead body of Binod Singh on the south western corner of the said Bhanali field. He also found the field of Baijnath Singh adjacent south west of the said Bhanali field in which chilli and Bhindi crops were standing. He found a Sisam tree on the ridge intervening between the two fields and found some blood fallen on earth adjacent to the Sisam tree. There was a Machan in the field of Baijnath Singh on which also P.W. 13 found sufficient quantity of blood and on earth beneath it There was also blood on the chilli plants beneath the said machan. The investigating officer (P. W. 13) thereafter sent the dead body of Binod for postmortem examination after preparing the inquest report. After getting the postmortem examination report from Dr. Sita Ram Singh (P W 14) charge -sheet was submitted by Bishwanath Singh (P. W. 11) the then officer in -charge who had taken over the charge of the police station on the transfer of P. W. 13.