RAMAUTAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by 11 appellants against the judgment of conviction and order of sentence passed by the Fast Track Court No. 1, Madhubani in Sessions Trial No. 60 of 1992/06 of 2001 on 27th February, 2003 whereby all the appellants have been found guilty under Sections 147, 323 IPC and appellants Ram Autar Singh, ram Parichhan Singh, Baidnath Singh have been further convicted 148 and 324 of the Indian Penal Code and all the appellants were released on probation of good conduct on entering into bond without sureties under the provisions of Section 360 (1) Cr. P.C. for the period of one year.

(2.) The prosecution case in brief is that one Kusum Devi, P.W.7 lodged her fardbeyan before the Sub-Inspector of Babu Barhi Police Station alleging therein, inter alia, that on 1.6.1990 at night she was sitting in her house at the time of breakfast in the morning where her husband, P.W. 6, Jaleshwar Singh was present in the house and at that very time all of a sudden co-villagers namely, Suraj Singh, Sukhdeo Singh, Ram Autar Singh, Parichhan singh, Dukhai Singh and four persons of village Laskari and some unknown persons whose names are not known to her armed with weapons assembled and started constructing hut house in the open field situated towards east of her house, on which her husband told that matter be finalized in panchayati. Tthereafter, on the order of accused Dukhai Singh to kill, accused Ram Autar Singh, Parichhan Singh and others assaulted her husband by means of lathi, danta and as such he sustained injury. Thereafter her husband fled away due to fear and after entering the house of Krishnadeo Singh closed the door from inside but the accused persons also chased him and closed the door from outside. Thereafter, they got hut standing over open land. It is further said that accused persons also assaulted her by means of lathi, danta and accused Suraj Singh and others resident of village Laskariya made shot fire from their pistol. Further accused Ram Autar Singh committed theft of cash of Rs. 5,000/- kept in a box from her house. Thereafter, she also gave the motive behind the occurrence that there is a dispute with the accused and case was going on.

(3.) On the basis of the aforesaid fardbeyan Babu Barihi P.S. Case No. 52 of 1990 was registered and the police after investigation submitted charge sheet against 13 accused persons. The case was committed to the Court of Sessions. The accused persons on framing of charge pleaded not guilty and as such put on trial. However, during the trial accused Sukhdeo singh died and as such the case abated against him whereas the trial of the appellant Ram Biulas singh was separated.