SHALIGRAM SINGH AND OTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is directed against the judgment dated 4.8.2003 and order dated 5.8.2003 passed by Shri Paras Nath Sinha, the then Presiding Officer, Additional Court, FTC, Munger in Sessions Case No. 422 of 1994 by which both the appellants were convicted under Sections 364/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 2000/- each with default clause.

(2.) Prosecution case as per fardbeyan of Jagat Mandal (PW 4), in short, is that while his father Raghubir Mandal was sleeping at the 'basa' of his malik Bijay Singh, situated at village Jharkahwa, Bind Diyara, P.S. Bariyarpur, at about 2 P.M. on 17/18.10.1991, 15 criminals armed with gun and rifles arrived at and surrounded the 'basa'. Further prosecution case is that the informant woke up and fled away in the backside of the 'basa' and witnessed the occurrence. He saw that on the order of Mohan Singh the appellants tied gamcha around the neck of his father Raghubir Mandal and dragged him towards south. It is also alleged that Mohan Singh assaulted his father with the butt of gun and during search of Raghubir Mandal Rs. 4000/- kept in a bag was recovered. All the criminals taken his father towards river Ganges. He also claimed that Maheshwar Choudhary (PW 5) and other witnesses witnessed the occurrence. Motive behind the occurrence is that his father Raghubir Mandal had cleared the jungle and reclaimed it which was claimed by Mohan Singh and for that there was dispute between Mohan Singh and father of the informant Raghubir Mandal and that was the motive for the occurrence.

(3.) The aforesaid fardbeyan led to registration of Moffasil P.S.Case No. 247 of 1991. Post investigation final form was submitted against the appellants, finding case not true but learned Magistrate differing with the finding of I.O. had taken cognisance for the offences under Sections 364 and 379 IPC against the appellants and Mohan Singh. However, order taking cognizance was challenged in revision being Cr. Revision No. 371 of 1992, which was dismissed vide order dated 18.6.1993. Later on after commitment the case ultimately traveled to the file of Shri Paras Nath Sinha, the then Presiding Officer, Additional Court, FTC, Munger for trial and disposal.