SUDARSHAN KUMAR ROY Vs. SACHCHIDANAND SINGH WITH

JUDGEMENT

(1.) BY the judgment under appeal, the learned Additional District & Sessions Judge (Fast Track Court No.1), Nawada has been pleased to convict appellants Sachidanand Singh @ Bhotha Singh, Raja Ram Singh and Raj Kumar Singh under Sections 148 and 302 of the Indian Penal Code (hereinafter referred to as "I.P.C.").

(2.) He has further been pleased to convict appellant no. 4 Mahesh Singh @ Bengu Singh for the offence under Sections 148, 302/149 of the I.P.C. and Section 27 of the Arms Act. The learned Additional District & Sessions Judge has further been pleased to award death sentence to appellant nos. 1, 2 and 3, namely, Sachidanand Singh @ Bhotha Singh, Raja Ram Singh and Raj Kumar Singh @ Nathhu Singh for the offence under Section 302 of the I.P.C. whereas appellant no. 4 Mahesh Singh @ Bengu Singh was also awarded death sentence for the offence under Section 302/149 of the I.P.C. However, no separate sentence has been awarded under Section 148 of the I.P.C. as well as Section 27 of the Arms Act. After delivering the judgment under appeal, the learned Additional District & Sessions Judge made reference under Section 366 of the Code of Criminal Procedure for confirmation of death penalty. Accordingly, this reference bearing Death Reference No.11 of 2007 and Criminal Appeal No. 1211 of 2007 are before us and are being disposed of together by this common - judgment. The prosecution case, as per the fardbeyan of P.W. 6 Anil Kumar son of Ram Khelawan Singh (own brother of deceased Raushan Kumar) resident of village Dolla P.S. Pakribarawan District Nawada recorded by P.W.11, S.I. Vijay Kumar Singh Officer Incharge Pakribarawan on 11.8.2005 at 8.30 P.M. near the premises of Durga Mandir of village Dolla, in brief, is that on the same day at about 4.00 P.M. the buffaloes of Sachidanand Singh (appellant no.1) were grazing the paddy crops standing in the field of the informant whereupon his younger brother Raushan Kumar (deceased) took the buffaloes to Darwaja of appellant no.1 and made protest as to why he had left his buffaloes free for grazing the fields of others. On protest made by Raushan Kumar, Raja Ram Singh (appellant no. 2) became angry and started abusing the informant 'sbrother. He also gave threat that within two hours he would teach lesson that nobody would find any place to conceal. At this moment the informant and his cousin brother Mahesh Singh (P.W. 5) also reached there, intervened and persuaded his brother Raushan Kumar to leave the place. Thereafter the informant came to Durga Mandir which is situated adjacent to south of his village. After some time, the informant saw appellant no.1 Sachidanand Singh, appellant no. 2 Raja Ram Singh and appellant no. 3 Raj Kumar Singh @ Nathhu Singh all of village Dolla going towards west of his village and then within few minutes he saw Rajiv Kumar, Surendra Singh, Sagar Singh, all of village Dolla going towards north alongwith one Chiku Singh of village Dariyapur District Lakhisarai and another boy, namely, Fekan Singh of village Khutaha District Lakhisarai. The informant followed them whereupon he noticed that all the abovenamed persons were going towards village Hathiyari. The informant thought that abovenamed persons might be going for some work and so, he returned back and again came back to Durga Mandir premises as it was time of evening Puja. At this stage, the informant 'sco -villager Mahesh Singh, son of Nand Keshwar Singh, Tripurari Kumar, Anil Singh, Nand Keshwar Singh, Pramod Singh alias Tipan Singh, Rajendra Singh, Navin Singh and Raushan Singh also joined the informant. After the evening prayer was over, some persons proceeded towards their home but the informant and abovenamed persons stayed back there and started gossiping. At about 7.30 P.M. Sachidanand Singh alias Bhotha Singh (appellant no.1), Sagar Singh, Raj Kumar Singh, Raja Ram Singh, Surendra Singh all of village Dolla, Chiku Singh of village Dariyapur, Fekan Singh of village Khutaha District Lakhisarai, Ashok Mahto of village Barhauna, P.S. Pakribarawan, District Nawada alongwith 10 to 12 persons of his gang emerged from the back side as well as from the west of Durga Mandir. They were armed with rifles and other sophisticated weapons. On seeing them the informant alongwith Mahesh Singh, Tripurari, and Anil Singh son of Chander Singh ran towards the village in order to save their lives but others were restrained by the abovenamed persons. The abovenamed persons opened fire upon the informant and other fleeing persons but fortunately, they remained unhurt and concealed themselves in Baithaka of Krishnandan Singh from where they saw Sanjay Kumar, Ram Balak Singh, Indradeo Singh, Manish Kumar, Manoj Kumar and Mahesh Singh alias Baiju Singh coming out from the Dalan of Bhotha Singh armed with fire -arms and joining the abovenamed criminals. The informant saw appellant no. 1 Sachidanand Singh putting his rifle at the chest of Pramod alias Tipan Singh and shouted at him to kill all the persons by firing on their chest so that no one could be left alive. The informant and the witnesses identified the voice of appellant no. 1 Sachidanand Singh then Raj Kumar Singh aimed his fire -arm at Raushan Kumar, Raja Ram Singh aimed his firearm at Nand Keshwar Singh, Rajiv Kumar pointed his firearms at Navin Singh and other culprits surrounded them from all sides and they all started doing indiscriminate firings. The informant and others were witnessing the entire occurrence in the moon light and on hearing the sound of firing the villagers started running towards Durga Mandir but the miscreants stopped them from coming to Durga Mandir by resorting firing. Due to fear, the villagers stopped near the house of Krishna Singh and saw the occurrence from that place. The miscreants did firing about 40 -50 rounds and thereafter they all fled away towards west and then the informant and others rushed towards Durga Mandir and on reaching there, he saw the dead bodies of Nand Keshwar Singh, Rajendra Singh, Pramod Singh alias Tipan Singh, Navin Singh and Raushan Kumar (his own brother) lying within the premises of Durga Mandir in pool of blood. They all had fire -arm injuries on their chest, abdomen, arms and other parts of their bodies. It has further been stated in the fardbeyan that appellant no.1 Sachidanand Singh alias Bhotha Singh, who was hardened criminal, was involved in several cases of dacoity. He is also an associate and member of gang of veteran criminal Ashok Mahto and after the incident of grazing of the paddy field of the informant by the buffaloes, protest was lodged by informant 'sbrother Raushan Kumar. He alongwith other associates and with the help of veteran criminal Ashok Mahto conspired to commit the heinous crime and thereafter he and his associates with the help of gang of Ashok Mahto, who were opposed to Bhumihar caste, had committed the murder of five persons.

(3.) AFTER recording the said fardbeyan of Anil Kumar, S.l. Vijay Kumar Singh forwarded the same to the Officer Incharge. Pakribarawan P.S. where on receipt of the fardbeyan, Pakribarawan P.S. Case No. 91/05 dated 11.8.2005 under Sections 147,148, 149, 302 of the I.P.C. and 27 of the Arms Act was registered and formal F.I.R. of the said case was drawn up. Thereafter the said S.I. took up investigation of this case and submitted charge -sheet against abovenamed appellants and others, on the basis of which the learned Chief Judicial Magistrate, Nawada took cognizance of the offence under Sections 147, 148, 149, 307 and 302/120B of the I.P.C. and 27 of the Arms Act vide order dated 8.5.2006 and thereafter he committed the case to the Court of Session vide his order dated 26.5.2006. Thereafter the case was sent to the file of the learned Additional Sessions Judge for disposal.