RAJ KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals have been preferred by two sets of appellants against common judgment and order of conviction and sentence dated 24-9-1987 passed by the 2nd Additional Sessions judge, Nalanda at Biharsharif in Sessions case No. 161 of 1987. By impugned judgment two appellants of Cr. Appeal No. 508 of 1987, namely, Raj Kishore Singh and girish Singh were convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They were further convicted under section 114 of the Indian Penal Code. However, no separate sentence was awarded for their conviction under the said Section. Appellant pali Tanti of Cr. Appeal No. 571 of 1987 was convicted by the impugned judgment under section 302 of the Indian Penal Code and was also sentenced to undergo rigorous imprisonment for life. However, he was acquitted of the charge under Section 27 of the arms Act as no sanction for prosecution was obtained from the competent authority for prosecuting him under the said section.

(2.) DURING the pendency of the appeal, appellant No. 2 of Cr. Appeal No. 508 of 1987 namely, Girish Singh died a natural death and therefore appeal abates so far said appellant is concerned. Appellant Pali Tanti of Cr. Appeal No. 571 of 1987 was denied bail during the pendency of the trial as also by this Court while admitting his appeal. As such, he underwent his sentence and after getting remissions he completed the same and has been released from imprisonment.

(3.) PROSECUTION was launched on the statement of one Saryug. Ram recorded on 14-7-1984 at about 8. 30 p. m. at Harnaut police Station. He gave statement to the effect that after closing his shop near durgasthan while he was going to make some purchases, he saw the accused persons coming out from a nearby house. The accused persons proceeded ahead of the informant. While informant was on the road, he saw Raj Kishore Singh and Girish Singh stopping in front of a country made liquor shop and ordering the third accused, namely, Pali Tanti to shoot the brother of the informant, namely, Luto Ram. Upon this, said Pali Tanti took out a country made pistol from his waist and shot the brother of the informant Luto Ram, who was sitting in a nearby shop of Tea and Snacks. Informant raised hulla and ran for catching the accused persons. It is further claimed that the persons accompanying the informant to the police station as well as people from the market also rushed to catch hold of the accused persons but they fled away into the lane. The said Luto Ram sustained injury in his temple and fell down. Therefore, informant and others took the said injured to the police station where the police party was also ready to proceed to the place of occurrence. The informant made statement which was recorded by the Officer-in-Charge of the police station (P. W. 9) and F. I. R. was drawn up. The informant was referred to the government Hospital, Harnaut by the police from where he was further referred to the P. M. C. H. , Patna, where he died the next day. After investigation, police submitted charge-sheet against Pali Tanti alone.