BIRENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellants on repeated calls, on account thereof, Mr. Navin Kumar, Advocate has been requested to assist the court as an Amicus Curiae which he accepted and accordingly, heard learned Amicus Curiae, counsel for the appellants as well as learned APP.

(2.) Appellants, Birendra Singh, Hamendra Singh @ Harendra Singh @ Habhendra Singh have been found guilty for an offence punishable under Section 307 of the IPC and each one has been sentenced to undergo RI for three years as well as to pay fine of Rs. 5,000/- in default thereof, to undergo SI for one month additionally, under Section 27 of the Arms Act and each one has been sentenced to undergo SI for six months with a further direction to run the sentences concurrently with a further direction that period already undergone during course of trial would be set off in terms of 428 of the CrPC by the learned Additional Sessions Judge- IV, Kaimur at Bhabhua in Sessions Trial No. 219/2010/3122/2014.

(3.) Manbodh Singh (PW-4) filed a written report on 18. 10. 2009 disclosing thereunder that on the same day at about 7:00- 7:30 AM, they were engaged in irrigating the paddy crop by pumping set. At that very time, all of a sudden, Birendra Singh, Hamendra Singh, Munna Singh, Dinesh Singh, Umesh Singh and Subhash Singh armed variously, forming an unlawful assembly came and began to abuse. One of the members of the aforesaid unlawful assembly, namely, Hamendra Singh fired from his gun causing injury over back of his father Nagina Singh. Another member Birendra Singh fired from his pistol causing injury over left hand of his brother Govind while rest of them began to assault both of them with Lathi and danda on account of which, they became severely injured. At the time of occurrence, he was coming from nearby field carrying diesel. On his alarm, villagers began to assemble whereupon accused persons fled away. Motive for occurrence has been shown as the accused persons had ploughed the ridge which was protested at their end. If he would not have raised alarm, then in that event, certainly his father and brother would have been murdered.