RAM CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) AII four criminal appeals have been filed against the judgment and order passed by the 1st Additional Sessions Judge, Fast Track Court, Siwan dated 24.7.2002 in Sessions Trial No.1 of 1985/171 of 2001.

(2.) Appellants Ramchandra Singh and Sakaldeo Singh (in Cr. Appeal No. 533 of 2002) died during the pendency of the appeal and their death have been confirmed by the Officer Incharge of Hussainganj Police Station. Death certificates of these two appellants have also been furnished. Remaining two appellants of this appeal namely Kamla Singh and Ramesh Singh alias Rameshwar Singh have been convicted under Sections 148/324 of the Indian Penal Code and Sections 147 and 435 of the Indian Penal Code respectively. They have been sentenced to undergo rigorous imprisonment for two years on each count. Rajendra Singh (in Cr. Appeal No. 625 of 2002) has been convicted under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 5,000/-, in default of payment of fine R.I. for two years. For his conviction under Section 27 of the Arms Act, sentenced to rigorous imprisonment for two years. Gopal Singh (in Cr. Appeal No. 627 of 2002) is also convicted under Section 302/34 of the Indian Penal Code, sentenced to R.I. for life and a fine of Rs. 5,000/-. In default of payment of fine R.I. for two years. Both these appellants for conviction under Section 148 of the Indian Penal Code and 27 of the Arms Act have been sentenced to undergo R.I. for two years on each count. Appellant Rambarai Singh (in Cr. Appeal No. 602 of 2002) has been convicted under Section 302/109 of the Indian Penal Code and sentenced to undergo R.I. for life and fine of Rs. 5,000/-. In default of fine R.I. for two years. For his conviction under Section 147 of the Indian Penal Code sentenced to R.I. for two years.

(3.) Case of the prosecution as revealed in the fardbeyan of Dhrubdeo Singh (P.W.10) is that on 18.7.1984 at 6 A.M. he was at his house in vilalge Machkana under the Hussainganj police station in the district of Siwan. In east of his house there is a land over which his Palani, Nad and Khop are situated. This land was acquired through deed of exchange executed by Triyogi Narain Lal. In the Khop situated over this land food-grains were stored. On the date of occurrence the informant with his uncle Ram Ayodhya Singh came to take out grains from the khop in order to save it from the rain. As soon as they started taking out the grains from the Khop, Madhuban Singh (now dead) and Gopal Singh came there runningly alongwith Ram Barai Singh, Rajendra Singh, Hari Singh (now dead) Ramesh Singh, Ramchandra Singh (dead), Ramjee Singh (dead) Shakaldeo Singh (dead) and Kamla Singh. They were armed with lathi, Bhala, Garasa, D.B.B.L. gun and country made pistol. Madhuban Singh accosted Gopal Singh to kill. He gave double barrel gun to Gopal Singh and Gopal Singh opened fire which hit Ram Ayodhya Singh on his head and he feil down instantly. Ram Barai Singh accosted Rajendra Singh and asked to kill Ram Ayodhya Singh as a result of which he fired at his neck, chest and face. Satyadeo Singh P.W.5 came from his house at the place of occurrence hearing the sound of firing and tried to rescue his brother Ram Ayodhya Singh. Sakaldeo Singh instigated Kamla and on this abatement Kamla assaulted Satyadeo with Bhala and Garasa. Lady members of the informant's family also came and they were assauled by Ramji Singh with Farsa and Garasa on the order of Ramchandra Singh. Ramesh Singh removed three bags of wheat kept for seed and set fire to the Khop. Ram Ayodhya and other injured were brought to Sadar Hospital, Siwan. Ram Ayodhya died on way to hospital. Fard beyan of Dhrubdeo Singh was recorded by S.I. Jacob of Siwan police station at Sadar Hospital, Siwan. Fardbeyan was dispatched to Hussainganj police station and the Officer Incharge of Hussainganj police station Ram Saran Chaudhary (P.W.12) registered formal F.I.R on the basis of fardbeyan and the F.I.R. was registered as Hussainganj P.S. Case No. 134 of 1984 under Sections 147, 148, 149, 324, 435, 379, 307 and 302 of the Indian Penal Code and 27 of the Arms Act.