SITA RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above stated appeals have arisen out of judgment of conviction dated 08.02.1994 and sentence order dated 09.02.1994 passed by 1st Additional Sessions Judge, Nawada in Sessions Trial No. 29 of 1992/ 28 of 1992 arising out of Kawakole P.S. Case No. 67 of 1991, by which and whereunder, the appellant, Ranjeet Yadav in Cr. Appeal (D.B.) No. 146 of 1994 has been convicted for the offence punishable under Section 302 of the Indian Penal Code and 27 of the Arms Act and has been sentenced to undergo life imprisonment for the offence under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for five years for the offence under Section 27 of the Arms Act and furthermore, the appellants, Chhotelal Singh, Ratan Singh, Hare Ram Singh, Sita Ram Singh, Upendra Singh, Satyendra Singh and Sadhu Singh (since deceased) have been convicted under Section 302 read with Section 149 of the I.P.C. and accordingly, they have been sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code. Furthermore, appellant, Chhotelal Singh, Ratan Singh, Hare Ram Singh and Sita Ram Singh have been convicted under Section 27 of the Arms Act and accordingly, they have been sentenced to undergo rigorous imprisonment for five years for the offence punishable under Section 27 of the Arms Act. The appellant Sadhu Singh (since deceased) was convicted for the offence punishable under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 307 of the Indian Penal Code. All the sentences were ordered to run concurrently. Since all the above appeals have arisen out of a common judgment, the above appeals are being disposed of by this common judgment.

(2.) It is emerged out from the materials available on the record that PW-3, Shaila Devi gave her ferdbeyan to PW-11, Suresh Pd. Paswan, the then S.I. of Kawakole (Rupo) police station on 08.07.1991 at 07:00 A.M. to this effect that on the same day at about 06:00 A.M. she was sweeping near her door and her husband was washing his mouth in front of the door whereas her daughter, namely, Rebi Kumari (PW-2) was arranging cow dung cake there. In the meantime, the wife of her dewar, namely, Bijiya Devi started abusing her and her family members sitting at her door. She further stated that she noticed that the appellant, Chhotelal Singh was moving in suspicious condition whereas appellant Ranjeet Yadav went towards the house of Brajesh Singh covering his hand with a towel and after some time appellant, Ranjeet Yadav armed with revolver, accused Brajesh Singh armed with bomb, appellant Chhotelal Singh armed with gun, appellant Ratan Singh armed with gun, appellant Hare Ram Singh and Sita Ram Singh both armed with pistol, appellant Upendra Singh and Satyendra Singh both armed with bomb came there and accused Brajesh Singh hurled bomb on her husband but the said bomb hit on the wall whereas remaining appellants started making indiscriminate firing. Her husband ran towards his house but appellant, Ranjeet Yadav, Chhotelal Singh, Ratan Singh, Sadhu Singh (since deceased), Hare Ram Singh and Sita Ram Singh made firing of their respective weapons and the fire of Ranjeet Yadav hit the informant's husband on his back. Her husband, anyhow, entered into courtyard of the house and fell down there and died instantaneously. She, further, stated that she along with her daughter (PW-2) came near the dead body and started weeping. However, in the meantime, the deceased-appellant Sadhu Singh (since deceased) having climbed on the roof of accused Brajesh Singh threw bomb which exploded on the wall of the courtyard. FIR named accused, Bijiya Devi was standing at his door having bomb in her hand and she was exhorting the other accused. In the meantime, neighbours came having heard the sound of firing and bomb and witnessed the occurrence. Reasons behind the alleged occurrence is said to be old enmity and dispute of partition with Brajesh Singh and furthermore, some days prior to the alleged occurrence, Brajesh Singh had stolen punj as a result whereof, an altercation had taken place between Brajesh Singh and family members of the informant and Brajesh Singh had given threatening to kill the head of informant's family.

(3.) On the basis of aforesaid ferdbeyan (Exhibit-3), Kawakole (Rupo) P.S. Case No. 67 of 1991 was registered under Section 302 and other minor sections of the Indian Penal Code, Section 3/5 of Explosive Substance Act and 27 of the Arms Act and on the same day, formal FIR was drawn up at 05:00 P.M. against the ten FIR named accused. The formal FIR and ferdbeyan were put up before the concerned Magistrate on 09.07.1991. PW-11 took charge of investigation. He visited the place of occurrence, recorded the statements of witnesses, seized the soil and particles of the bomb, sent the dead body for post mortem examination, received the post mortem report and after completion of the investigation, submitted charge sheet against the appellant, Ranjeet Yadav, Chhotelal Singh, Ratan Singh, Hare Ram Singh, Sita Ram Singh, Upendra Singh, Satyendra Singh, Brajesh Singh and Sadhu Singh for the offences under Section 302 and other minor sections of the Indian Penal Code, 3/5 of Explosive Substance Act, 27 of the Arms Act. Charge-sheeted accused, Brajesh Singh and Sadhu Singh were shown absconder and FIR named accused, Bijiya Devi was not sent up for trial.