WAKIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN Sessions Trial No. 172/88/3/90 on the file of 1st Additional Sessions Judge, Muzaffarpur, seven persons were indicted for murder of Kumari Uma, aged 17 years the unmarried daughter of Nagina Singh of village Khantri Mahanand. P.S. Barauraj, the district of Muzaffarpur, One accused Bharat Singh died during the pendency of the investigation.

(2.) APPELLANT Wakil Singh, the principal accused of the accused (Appellant in Cr. App. No. 144/92) was charged under Section 302 I.P.C. and Section 27 of the Arms Act. Wakil Singh again charged under Section 302/149 I.P.C. along with remaining accused, who are appellants in Cr. Appeal No. 170 of 1992.

(3.) THE reason for this unusual verdict in the words of the trial Judge was: However, it is well proved from the evidence present on record that all the accused persons formed an unlawful assembly at the place of occurrence and in prosecution of the common object of the same i.e. to kill LalBabu one of the members namely Wakil Singh attempted to shot down LalBabu and in that process killed the deceased Uma. Under such circumstances the accused persons became guilty of the offence under Sections 307/149 I.P.C. It is true that there is no such charge framed against them but undoubtedly language of the charge framed under Sections 302/149 includes the above offense also. Under such circumstances the accused persons may be convicted for the offence under Sections 307/149 I.P.C. in place of specific charge framed under Sections 302/149 I.P.C. against them.