BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Bhola Singh end his son namely, Nandu Singh and- Nagendra Singh have preferred this appeal against the judgment dated 29.5.1993 passed by the 4th Additional Sessions Judge, Motihari in Sessions Trial No. 89/21 of 1982/87 by which the appellants were found guilty under sections 304 Part 2 of the Indian Penal Code and were sentenced to undargo R.I. for five years each.

(2.) According to the prosecution case at village Birwa (Barwa) P.S. Adapur, Dist. East Champaran on 16.7.1980 the deceased Rameshwar Sihgh was returning to his house after calling labours. Appellant no.1 Bhola Singh along with others namely, Sahdeo Singh and Yogendra Singh were standing near the bunglow of Anirudh singh Rameshwar Singh ignored the call of the appellants and other named accused persons saying that he had no time. Thereafter, Bhola Singh, Sahdeo Singh(acquitted) caught his wrist and dragged him in the hut of Anirudh Singh. Yogendra Singh (acquitted), Gramdeo Singh (acquitted), Shatrughan Singh (acquitted), Dhulan Singh (acquitted), Nandu Singh (appellant No. 2), Nagendra Singh (appellant no. 3), Chandradeo Raut (acquitted) and Gandhi Raut(acquitted) were also present there. They started assaulting Rameshwar Singh by fists and slaps. On nulla brother of the deceased Ramadhar Singh came and other witnesses also reached and intervened. The informant saw the accused persons assaulting Rameshwar Singh by lathi and slaps and Rameshwar Singh lying where the people were telling that burglary was committed in the house of the appellant no. 1 and one of them was caught and stolen articles were recovered. They were telling that Rameshwar Singh was also involved in the theft. Yogendra Singh another accused brought one bag from his house and caught in the hands of Rameshwar Singh which contained one country made gun and a cartridge. Rameshwar Singh was tided with the rope. The informant was running towards the hut of Mukhiya and on the way be saw the police. The police came and brought the body of his brother. At that time his brother was unconscious. He was sent to the hospital but in the evening his brother Was died at 3 PM. The motive of the occurrence was the land dispute.

(3.) FIR was registered under sectiqn 302 and some other sections of the Indian Penal Code against 12 named accused persons. The matter was investigated and charge sheet was submitted under sections; 147, 302, 379, 324 and 323 of the Indian Penal Code against all 12 named accused persons. Subsequently two of the accused persons Faujdari Singh and Dindayal Raut died so the proceeding against them was dropped. Cognizance was taken and trial proceeded. When the accused persons denied their involvement then the prosecution was asked to produce witnesses. Accordingly, the prosecution and defence brought their witnesses.