INDRADEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals have been preferred against the judgment and order of conviction dated 21.6.1990 in Sessions Trial No. 234 of 1981, whereby applicant Suresh Chaudhary was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life as also under Section 27 of the Arms Act but no separate sentence was awarded. The remaining appellants, namely, Indradeo Singh, Bundi Chaudhary, Ram Chandra Chaudhary and Deo Singh were, however, convicted under Section 302. read with Section 149 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution, in short, as per the Fard -beyan (Ext.3) recorded on the statement of Jugeshwar Prasad on 6.5.1980 at about 23:15 hours in Sadar Hospital, Biharsharif, is that he along with his brother Arjun Prasad (deceased), Latan Manjhi (P.W.7), Surendra Prasad (P.W.4), Mauzi Paswan (P.W.3) and Brij Mallah was returning in the evening at about 7:30 p.m. from, Gurdeyal Bigha. The moment they reached in the bed of river Panchane, accused persons variously armed with weapons appeared and appellant Suresh Chaudhary, who was having a country made pistol in his hand, fired a shot on the back of Arjun Prasad, who having received injury fell down. The informant raised alarm on which certain persons from the neighbourhood came there and saw the accused persons running away. The cause of incident, as alleged by the informant, was the land dispute. It was further stated that previously also appellant Suresh Chaudhary had committed the murder of the nephew of the informant. Thereafter, while injured was being taken to the Sadar Hospital, Biharsharif for treatment, he died on the way. Since the Fard -beyan of Jugeshwar Prasad was recorded by A.S.I. (P.W.10), he transmitted the same to Silao Police Station where a regular First Information Report was registered on the next day at about 2:00 p.m.

(3.) THEREAFTER , the Investigating Officer (P.W.9) proceeded to the place of occurrence and after completing the necessary formalities regarding examination of the witnesses and seizure etc., submitted charge -sheet on the basis of which cognizance of the offence was taken by the A.C.J.M. Nalanda and the case was committed to the court of Sessions for trial.