SURESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three appellants in the present criminal appeal have challenged the judgment of conviction in Sessions Trial No. 268 of 1987 passed by third Additional Sessions Judge, Vaishali dated 12.8.1994 whereby the appellant Suresh Singh has been convicted under section 302 of the Indian Penal Code and the appellant Manchit Singh and Ram Dulari Singh have been convicted under section 302/34 of the Indian Penal Code.

(2.) The prosecution case in brief is that on 16.8.86 at about 8.15 A.M., the informant's brother Shiv Narain Singh @ Bir Singh (deceased) and one Ram Sharan Singh went to the house of Saryug Singh for collecting contribution of Brahmpuja. At that time Saryug Singh was grazing his she-buffalo on road side in front of his house. It is alleged that accused Manchit Singh his wife and his daughter Pramila Devi were abusing Saryug Singh for grazing she- buffalo on the road. The informant was also present there. There was some altercation between Saryug Singh and the accused persons. In the meantime, Ramji Singh also came there. The informant and his brother Shiv Narain Singh (deceased) and Ram Sharan Singh prohibited the accused persons for abusing resulting in altercation between them. Ramji Singh instigated Suresh Singh to kill. At this, the accused Suresh Singh and Manchit Singh rushed to their house and came with Bhala and Farsa respectively. The wife of Manchit Singh Ram Dulari Devi and daughter Pramila Devi came there with Sota and pistol respectively. It is further alleged that at the order of Ramji Singh the accused Suresh Singh hurled Bhala blow on the deceased Shiv Narain Singh which hit him on the left side of his chest. The deceased fell down and became senseless. There was profuse bleeding from his chest. In the meantime, the wife of Manchit Singh assaulted on the head of the deceased with Sota. It is further alleged that Ramji Singh further instigated the accused persons to assault the informant. Thereupon, the accused Suresh Singh hurled Bhala blow on his neck as a result he sustained minor injury on his neck. The occurrence was seen by Saryug Singh, Ram Narain Singh, Ram Sharan Singh, Ram Bilash Singh, Ruplal Singh and Gulab Chandra Singh etc. The informant and co-villagers brought the deceased to health centre Bangara where he was declared dead.

(3.) The police after investigation submitted charge-sheet against the accused persons. However, Ramji Singh who is alleged to have instigated the appellant Suresh Singh in committing the murder was not sent up for trial.