BASHISHT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Bashisht Singh appellant stands convicted under Section 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

(2.) The appellant's father Sabhapati Singh was a brother of Gopal Singh, father of Ram Janam Singh deceased. Rampati Singh P. W. is also a brother of Sabhapati Singh. Ram Babu Singh and Bishram Singh, the appellant's co-accused (since acquitted) are his brother. Ram Sukh Singh P. W. is the Brother of the deceased and Chandra Mohan Singh and Chandra Bhanu Singh P. Ws are the latter's sons. Anirudh Singh P. W. is the first cousin of the appellant, being son of Ram Pati Singh P. W.

(3.) The prosecution version, in brief, is that although no regular partition of the ancestral properties of the parties had taken place, they are cultivating some lands separately for convenience, and the other lands still remain joint. The deceased had settled some of the joint land on cash rent to one Lakshmi Tarha for growing Kharbuza. The deceased had given the share of cash rent collected from Lakshmi Turha to the appellant but the appellant was of the view that he had been paid less. On 17-6-1979 at about 7.00 p. m. when the deceased and Rampati Singh P. W. were sitting on the same cot in the latter's bathan, the appellant and his brothers Ram Babu Singh and Bishram Singh had arrived, there. They had demanded extra amount from the deceased as the share of Kharbuza crop. The deceased had replied that whatever was due to them had already been paid. Thereupon, the parties had exchanged hot words and during the course of the same, the appellant had given one fist blow to Ram Janam Singh at the back of his neek and on the chest. Apart from Rampati Singh P. W., the occurrence was also witnessed by Chandra Mohan Singh, Chandra Bhanu Singh and Ram Sukh Singh P. Ws. as they were nearby. After committing the crime, and appellant and his brothers had fled away. Ram Janam Singh was found to have become unconscious. Therefore, he was removed and then got admitted as an indoor patient in the State Dispensary at Raghunathpur.