JANARDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Janardan Singh has been sentenced imprisonment for life having been charged under Section 302/149, IPC.

(2.) The occurrence which was subject matter of the charge against the appellant took place on 30.1.1982 in a High School known as Raj Kuer Vidya Mandir, Gopalpur. The victim of the occurrence was Jungi Prasad Singh son of the informant. The deceased was done to death in a most brutal and cruel manner as would appear from the version given out by the informant in his Jardbeyan as narrated by the trial Judge in the opening paragraph of his judgment. It would be useful to extract the said paragraph hereunder: In this fardbeyan Ram Pal Singh has stated that 30.1.1982 was the day of celebration of Sarswati Puja and on that occasion a ceremony was organised by Gopalpur High School which was known as Raj Kuer Vidya Mandir and the informant's son Jungi Pd. Singh had gone to participate in the celebration by Jeep at 2.30 p.m. at about 4.30 p.m. when prasad distribution was over the deceased Jungi Pd. Singh was to leave school premises for his village and hardly he had reached the gate of the school building the accused Janardan Singh threw some article looked like bomb on the person of Jungi Prasad Singh. Having seen such situation Jungi Singh ran away towards the school building and had entered into the laterine but he could not close the door from inside in the meantime Nagina Tatwan, armed with Pasuli. Munsi Mushar, Mithju Mushar, Pradeep Tantwan, Sen Tatwan along with 4 to 5 unknown persons armed with Pasuli and Pistol rushed to the accused, Sen Tatwan fired his pistol hitting one Sheo Dyal Singh. Accused persons dragged Jungi Pd. Singh from the room and felled him down in the Verandah. The accused Nagina Tatwan, Munshi Mushar and Mithu Mushar cut the throat of Jungi Pd. Singh by means of Pasuli. The witnesses having seen such incident wanted to save the life of the deceased but they failed in such venture. On the alarm raised there, the accused fled away. Jungi Pd. Singh died on the spot. 2. The motive behind the occurrence as contended in the fardbeyan is that one Gorakh Mushar who was related to Mithu was killed in which deceased Jungi Pd. Singh was an accused. The case relating to murder of Gorakh Mushar was going on in the Court. Other accused persons are friendly to Mithu Mushar and it appears that for this reason the accused persons did such occurrence and took the life of the informant's son Jungi Pd. Singh.

(3.) The appellant was not only person involved in the murder. The remaining persons also had taken active part and absconded and it is not known whether they were later apprehended during trial.