KAROO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) An appeal against conviction or acquittal involves review of evidence by the appellate Court but this is an exceptional case where the appeal can be disposed of on mere reading of judgment under appeal, in as much as the learned Additional Sessions Judge having disbelieved substratum of the prosecution case still found the appellants guilty by giving benefit of doubt to the prosecution.

(2.) These four appellants along with three other lady accused were tried in Sessions Trail NoT 343 of 1979 before the 1st Additional Sessions Judge, Gaya, in respect of an offence punishable under Sections 147, 148,323 and 302, I.P.C. These appellants were convicted under Section 302, I.P.C. and sentenced to life imprisonment but three female accused were acquitted for lack of convincing evidence.

(3.) The charge against the appellants was that on 22-6-1976 at village Naknupa caused the death of Birbal Dusadh of that village who was a rickshaw puller. The story is that on 22-6-1976 at about 7.30 a.m. deceased Birbal Dusadh, who was also known as Biroo Dusadh arid his son Suresh Dusadh also known as Suresh Paswan were at their house situated at village Naknupa within Sherghati police station. They saw appellant Manoj Singh and Prasidh Singh moving in the lane armed with bhala and lathi respectively. There was some litigation between them and one Kapildeo Singh. They suspected that accused persons were intending to assault them. They decided to leave the village at once. When they were fleeing west of the village. Kapildeo Singh. Karoo Singh, Marioj Singh, Nago Singh and Prasidh Singh chased them and surrounded in a field situated in the badh of village Bharati known as Bharatitari. Appellant Manoj Singh was carrying a bhala and the remaining carrying with lathies. Manoj Singh is the son of Kapildeo Singh. Prasidh Kumar is the son of sister of Kapildeo Singh and Karoo Singh lived in Hunterganj. district Hazaribagh. Karoo Singh is the brother of Kapildeo Singh. Nago Singh is the brother of the wife of appellant Karoo Singh. In the field at Bhararitari badh accused persons started showering their weapons on Birbal Dusadh who fell down in the field. When his son Suresh Dusadh tried to rescue him, Kapildeo Singh and Prasidh Kumar Singh struck him with lathies on his both hands and near left eye-brow. Suresh Dusadh fled to Sherghati police station and lodged an FIR on the same day. The accused persons including Kapildeo Singh dragged Birbal Dusadh to their house in the village while beating him on the way. At their house, they mercilessly thrashed Birbal Dusadh who became unconscious. Suresh Dusadh went to Sherghati police station. He found that his uncle Faguni Dusadh (P.W. 6) at the police station. Suresh Dusadh gave his Jardbeyan of the occurrence to the Officer Incharge of Sherghati Police Station. At the relevant time, Shri D.N. Gautam a trained IPS officer was the incharge of Sherghati police station. Indradeo Singh was the regular officer incharge of Sherghati police station. It is relevant to mention that Faguni Dusadh went to give the version of the occurrence but the officer incharge did not record the statement for some reason. Faguni Dusadh gave entirely different version of the occurrence. Piari Devi, daughter of Kapurla Devi and Faguni Devi are also witnesses to the occurrence.