BIJLI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Nos. 2, 3, 4 and 9 have been convicted under Sections 326, 379,148 and 307 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced to undergo rigorous imprisonment for 7 years under Section 307, 4 years under Section 326, one year under Section 379 and also one year under Section 148 of the Code. Appellant No. 4 has been further convicted under Section 324 of the Code and sentenced to undergo rigorous imprisonment for one year. The remaining 12 appellants have been convicted under Sections 379, 147 and 307/149 of the Code and sentenced to undergo rigorous imprisonment for 7 years under Sections 307/149, one year under Section 379 and one year under Section 147 of the Code. Further appellant No. 1 has been convicted under Section 307/149 of the Code and sentenced to undergo rigorous imprisonment for 4 years. However all the sentence were ordered to run concurrently.

(2.) IT has been stated by the learned Counsel for the appellants that appellant No. 1, Bijli Singh, appellant No. 6, Lakshman Singh and appellant No. 15, Bhuta Das died during the pendency of this appeal. The appeal against these appellants shall stand abated.

(3.) THE case of the prosecution is that on 17.4.1982 at about 10 a.m. the accused Bijli Singh (since dead) along with 15 to 20 persons variously armed with came and started looting the maize crop of the informant from his field situated in village Baijnathpur within Belsand P.S. (now Tariani Chowk). One Shila Kumai aged 12 years who was in the field raised hullah. On her hullah the informant followed by Meena Kumari, Nilam Devi, Renu Kumari rushed to the alleged field. As soon as the informant reached in his field accused Bijli Singh ordered his sons Krishnandan Singh, Shambhu Singh, Ravi Shanker Singh and Arun Singh alias Ful Babu to assault the informant. In the meantime, the accused Bharath Singh, Brij Bihari Singh, Lakshman Singh, Dev Narain Singh, Shri Narain Singh, Rana Udai Nandan Singh, Rakesh Singh, Surendra Singh, Devendra Singh, Bhuta Das and Sitaram Singh variously armed with came there from Sisbani. On the order of accused Bijli Singh, the accused Krishnandan Singh hit the informant with Bhala in his chest, Ravi Shanker Singh with Farsa on the head, Shambhu Singh hit with Farsa on his right shoulder. The informant fell down in his maize field. His niece bandaged his wound with her Sari. The accused persons looted away his maize crops and fled away. The occurrence was witnessed by Hari Mohan Singh, Ram Babu Singh, Chandra Mohan Singh, Awadh Kishore Singh and others. The informant was removed to S.K. Medical College, Muzaffarpur for treatment. The Investigating Officer of this case went to the S.K. Medical College on 18.4.1982 for recording his statement. The informant Chandra Shekhar Prasad Singh gave his Fardbeyan (Ext. 1) to the A.S.I., M.M. Khan of Tariyani Chowk P.S. on 18.4.1982 at 8 a.m. On the basis of his Fardbeyan F.I.R. (Ext. 7) was drawn up at Belsand P.S. on 19.4.1982 at 8.30 hours. The police started investigation and after completion of the same submitted charge -sheet against the appellants. The learned Magistrate took cognizance of the offence and subsequently the trial concluded with the result as stated above.