SHEO KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals are directed against the judgment and order dated 17.8.1993, passed by the District & Sessions Judge, Nalanda at Biharsharif, in Sessions Trial No. 501 of 1992, whereby, he has held appellant Gorelal Singh responsible for the murder of deceased Ram Niwas Singh and sentenced him to undergo imprisonment for life under Sec. 302 of the Indian Penal Code and a further sentence of two years rigorous imprisonment under Sec. 27 of the Arms Act besides the sentences of one of years rigourous imprisonment under Section 148 of the Indian Penal Code. Appellants Hari Kant Singh, Srikant Singh, Ram Sarowar Singh, Sheo Kumar Singh, Ram Nandan Singh and Ramadhar Singh alias Khadi Singh were sentenced to undergo life imprisonment under Sec. 302 read with Sec. 149 of the Indian Penal Code besides the sentence of one years rigorous imprisonment under Sec. 148 of the Indian Penal Code. Appellants Hari Kant Singh and Sri Kant Singh have further convicted under Sec. 307 read with Sec. 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. The sentences have, however, been ordered to run concurrently.

(2.) TO put in short the prosecution case as per the Fardbeyan (Ext -3) of the informant (P.W. 9) is that on 24.2.1992 at about 9.00 a.m. he along with his brother Ram Niwas Singh (deceased) was present in his Khalihan. Having noticed that accused Sarowar Singh was getting the Jao Crops grazed, the informant and deceased arrived there to take the she buffalo of the accused to the pond on which altercation took place between Sarowar Singh and the informant. However, the informant and his brother Ram Niwas Singh succeeded in taking the cattle to the road, which was situated near the tank. But all of a sudden, accused Srikant Singh, Hari Kant Singh and Gorelal Singh, armed with country made rifles, and other three accused, namely, Ram Nandan Singh, Sheo Kumar Singh and Khadi Singh, holding Lathi arrived there and surrounded the informant and his deceased brother. It is alleged that accused Sarowar Singh ordered to shot at the informant and his brother whereupon appellant Srikant Singh and Hari Kant Singh fired their respective rifles, but the informant and his brother managed to escape. Just thereafter, accused Gorelal Singh fired his rifle at the deceased, as a result of which he received injury and fell down. Several witnesses like Binod Singh, Rabindra Singh, Suresh Singh etc., who were working in their field and Khalihan, when arrived at the place of occurrence, the accused persons fled away. The police on the basis of the aforesaid statement, registered a regular case and prepared inquest report (Ext. 5) and sent the dead body of Ram Niwas Singh for post -martem examination. The Investigating Officer, also examined witnesses and ultimately having found a prima facie case against the accused persons, submitted chargesheet. The earned Magistrate thereafter on receipt of the chargsheet committed the case to the Court of Sessions calling upon the appellants to explain charges.

(3.) THE defence of the appellants as would appear from their statements under Sec. 313 of the Code of Criminal Procedure as also the trend of cross -examination of the prosecution witnesses, is total denial of the allegations. Attempt was made to establish that deceased Ram Niwas Singh was murdered at a different place and in a different manner, but on account of enmity, the informant and his witnesses have implicated them.