UMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant is aggrieved by the judgment dated 17.3.1988, passed by the learned 2nd Additional Sessions Judge, Samastipur, in S.T. No. 49/9 of 1987 (State V/s. Uma Singh @ Umiya Singh), whereby he has been convicted under Section 302 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for life, and further sentenced to undergo rigorous imprisonment for two years for the offence under Section 27 of the Arms Act.

(2.) Both the sentences have been directed to run; concurrently. It is a case of circumstantial evidence and is based on last - seen theory. According to the Fardbeyan of one Chandra Bhushan Singh (P.W. 12), recorded on 25.8.1986, at 7.30 A.M., before the Sub -Inspector of Police of Hasanpur police station, that the previous day, on 24.6.1986, his brother Shiv Bahadur Singh, Mukhiya of his village, had gone to Hasanpur Bazar. He did not return in the night and they thought that he had stayed there over -night. On 25.6.1986, at about 5 A.M., his first cousin Birendra Prasad Singh (P.W. 7), told him that Lakhpati Mahto (P.W. 11), a co -villager, had called him to his residence (Darwaja) and informed him that the previous day, at about 11 P.M., while he was returning from Hasanpur, he noticed a cycle near the Mango Orchard of Vakil Sahab of Chandrapur. Its frame was broken and was lying on the ground which he brought to his residence. His brother, Birendra Prasad Singh (P.W. 7), recognized the bicycle because the name of Shiv Bahadur Singh was inscribed on its handle, whereafter both of them alongwith Surendra Singh and Baijyanath Singh, co -villagers, went out in search of their brother Sheo Bahadur Singh. He met his first cousin (Mausera Bhai), Jagdish Singh, near Khavash Tola and informed him that Mukhiya Jee had been shot dead and the dead body was lying in the aforesaid orchard. He alongwith his first cousin went over to the orchard where he found Shiv Bahadur Singh Mukhiya dead and had been very badly injured. The clothes on his body were drenched with blood and the face was defaced. The left eye and the flesh behind it was pierced. He further stated that he was in a state of consternation (Ghabrahat) and stated that he will inform him of the name of the assailant after he comes to know of it. After enquiry, he learnt that the occurrence had taken place between 7 to 8 P.M. On the basis of these allegations, Hasanpur P.S. Case No. 099 of 1986, dated 25.6.1986, under Section 302 of the Indian Penal Code was registered. This was marked Ext. 5. This was followed by a formal F.I.R. under Section 302 of the Indian Penal Code, the same day at 11.30 A.M., and has been marked Ext. 1.

(3.) THE Investigating Officer commenced investigation. He prepared the inquest report, and also forwarded the dead , body to Civil Assistant Surgeon (P.W. 10) for post -mortem. Charge -sheet was submitted against the appellant under Section 302 of the Indian Penal Code as well as Section 27 of the Arms Act on 24.4.1986. Cognizance was taken of the alleged offence. He pleaded not guilty and claimed to be tried.