BISHWANATB SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of the same judgment. Therefore, with the consent of the parties and for their convenience, they are being disposed of by this common judgment.

(2.) Appellant Laloo Singh alias Lal Mohan Singh (Cr. A. 180 of 1984) has been found guilty for an offence under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life. Appellants Bishwanath Singh, Jamuna Singh and Jagnarain Singh (of Cr. A. 74 of 1984) have been found guilty under Section 302 read with Section 34 of the Indian Penal Code and each of them has also been sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case, as told by P. W. 8, the informant is that on 24th July, 1980, at acout 7 a. m. the informant Guptnath Singh was in his paddy seedling field. Deceased Satya Narain Singh had also gone to his field. They found that six bullocks of appellant Bishwanath Singh were grazing the paddy seedlings belonging to Satya Narain Singh. Appellant Bishwanath Singh and his son Lal Mohan Singh were there. This led to some altercation in between Bishwanath Singh and Satya Narain Singh. It may be mentioned that appellants Jagnarain Singh, Jamuna Singh and Lal Mohan Singh are sons of appellant Bishwanath Singh. Satya Narain Singh, the deceased, was the nephew of the informant; Satya Narain was taking the bullocks from his field to the pound on which appellant Bishwanath asked his son Lal Mohan to bring the gun otherwise Satya Narain would take the bullocks to the pound. Appellant Lal Mohan ran to his house and brought the gun. Along with Lal Mohan appellants Jagnarain and Jamuna also came. Jagnarain was armed with a lathi and Jamuna had a bhala. Lal Mohan had brought an unlicenced gun. Bishwanath asked Laloo alias Lal Mohan-"Mara aab keyo dekh rahe ho". Laloo Singh then fired his gun which could hit Satya Narain on his back shoulder. After receiving the gun shot injury Satya Narain fell down in his field in which paddy had been transplanted. By that time witnesses had also arrived and saw the occurrence. Thereafter, the appellants took to their heels. Satya Narain became unconscious and was taken to Kudra hospital on a khatia. At Kudra State Dispensary P. W. 9, who was the officer incharge of Kudra Police Station at that time, came at 9.45 a. m. and recorded the fardbeyan of P. W. 8 Guptnath Singh, which is Exhibit 4, and thereafter the said fardbeyan (Exhibit 4) was sent to Bhabua Police Station under whose jurisdiction the place of occurrence situated. From Kudra State Dispensary the deceased was being taken to Bhabua hospital but on the way, soon thereafter, ho died. The dead body was then brought back to Kudra Police Station where inquest report was prepared and the dead body was sent for post-mortem examination.