SURENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the Appeals appellants were tried jointly and convicted by one common judgment, and as such, both the Appeals were taken up together for hearing and are being disposed of by this common judgment.

(2.) All the three appellants were convicted by judgment dated: 17.08.2011 passed by Smt. Sushma Sinha, learned Additional District & Sessions Judge - II, Barh, Patna ( hereinafter referred to as the "trial judge") in Sessions Trial No. 1015 of 2005 for commission of offence under Sec. 302/ 34 of the Indian Penal Code, 1860 ( hereinafter referred to as the "I.P.C." ) and Sec. 27 of the Arms Act, 1959 ( hereinafter referred to as the "Arms Act"). By order dated 19.08.2011 all appellants were sentenced to undergo imprisonment for life and pay fine of Rs. 10,000 /- each under Sec. 302/34 of the I.P.C. and in default of payment of fine they were directed to undergo further simple imprisonment for three months. All the appellants were sentenced to undergo rigorous imprisonment for three years and pay a fine of Rs. 5,000.00 each under Sec. 27 of the Arms Act and in default of payment of fine they were directed to undergo further simple imprisonment for one month.

(3.) Short fact of the case is that on 04.04.2004 at 9.00 Hours (morning) Sub Inspector of Police Sri Arbind Kumar of Pandarak Police Station recorded fardbyan of Utam Singh at the place of occurrence i.e. vacant field of one Ramashraya Singh in the village: Gowasha, P.S.: Pandarak. In the fardbyan the informant disclosed that on the same date in the morning he had gone to his field for cutting wheat crops and he started to cut the same. At about 8.00 in the morning he noticed that his cousin brother Ramanand Singh (deceased) was in wheat crop field for attending call of nature and after easing he stood and proceeded towards his house. In the meanwhile, informant saw that Sunil Singh, S/o Krishnanandan Singh , Shambhu Singh [ appellant no. 2 in CR. APP (DB) No. 866 of 2011] S/o Krishnanandan Singh, Surendra Singh [appellant no. 1 in CR. APP (DB) No. 866 of 2011] S/o- Krishnanandan Singh, Tapeshwar Singh [appellant in CR. APP (DB) No. 912 of 2011] S/o- Late Rajendra Singh came out from dallan of Kanhai Singh. Tapeshwar Singh gave rifle to Kanhai Singh and article to Shambhu Singh. Thereafter, Krishnanandan Singh gave indication to kill cousin brother of informant namely Ramanand Singh. Thereafter, the informant shouted and told Ramanand Singh to flee away. After hearing alarm Sunil Singh, Shambhu Singh, Tapeshwar Singh, Surendra Singh and two unknown accused persons started chasing Ramanand Singh. On the order given by Krishna Singh first shot was given by Sunil Singh, which hit the head of Ramanand Singh (deceased). Shambhu Singh fired which hit stomach. Surendra Singh gave gun shot injury on his arm and Tapeshwar Singh gave shot in the mouth and all the accused persons fled away towards Western side. The informant stated that after fire arm injury his cousin brother Ramanand Singh fell down and instantaneously died at the place of occurrence itself. The informant claimed that the said occurrence was witnessed by Pankaj Singh ( P.W. 5, he was declared hostile), Rekha Devi ( P.W. 2, wife of deceased Ramanand Singh) and others, who would explain after enquiry. The reason for the occurrence was given as old animosity and case was going on in court. The said fardbyan was read over to him and after understanding the same as correct he put his signature on the fardbyan. The fardbyan was also signed by Pankaj Singh ( P.W. 5). After recording fardbyan on the same day i.e. on 04.04.2004 at about 10.00 A.M. a formal F.I.R. vide Pandarak P.S. Case No. 24 of 2004 was registered under Sec. 302/34 of the I.P.C. and Sec. 27 of the Arms Act against:-(1) Kanhai Singh (acquitted), (2) Sunil Singh (absconder), (3) Shambhu Singh [appellant no. 2 in CR. APP (DB) No. 866 of 2011], (4) Surendra Singh [ appellant no. 1 in CR. APP (DB) No. 866 of 2011] (5) Tapeshwar Singh [sole appellant in CR. APP (DB) No. 912 of 2011], (6) Krishnanandan Singh, who was not forwarded by the police and final report was submitted in his favour.