RAM LAKHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arising from the judgment and order of the 1st Additional Sessions Judge. Gaya in Sessions Trial No 43/21 of 1977/85 have been heard together and are disposed of by this common judgment.

(2.) There are 14 appellants in Criminal Appeal No. 171 of 1986 out of whom appellant No.1 Ram Lakhan Singh, appellant No 9 Amerika Singh, appellant. No. 12 Ugrah Singh and appellant No 14 Baudhi Dusadh are said to have died during the pendency of the appeal. An affidavit sworn by Arjun Singh describing himself as a relative has been filed. Each of the appellants has been convicted under Section 302/149 of the Indian Penal Code and sentenced to imprisonment for life for being the member of unlawful assembly, the, common object of which was to commit the murder of Sakal Manjhi and in prosecution of which the said Sakal Manjhi was murdered on 3-11-1970 at 11 p.m. in village Lodipur within Ghoshi Police Station of Gaya (Now Jehanabad) District. Appellants Ram Lakhan Singh. Shyamdeo Singh. Sarju Singh. Amerika Singh. Awadh Kishore Singh and Ugraha Singh have also been convicted under Section 147 of the Penal Code sentenced to rigorous imprisonment for two years. Appellants Awadhesh Singh. Ramjit Singh. Balmiki Singh Baleshwar Singh, Pundeo Singh, Naresh Singh, Awadh Singh and Baudhi Dusadh have also been convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for 3 years. Appellant Shyamdeo Singh has further been convicted under Sec. 323 of the Penal Code and sentenced to rigorous imprisonment for 3 months. The two appellants of criminal Appeal No. 173 of 1986 have also been convicted under Section 302/149 of the Penal Code and sentenced to imprisonment for life for being the member of same unlawful assembly. Appellant Ramrup Singh has further been convicted under Section 147 of the Penal Code and sentenced to rigorous imprisonment for 2 years. Appellant Tapeshwar Singh has further been convicted under Sections 148 and 324 of, the Penal Code and sentenced to rigorous imprisonment for 3 years on both counts. He has also been convicted under Sections 25 (a) and 27 of the Arms Act and sentenced to rigorous imprisonment for 3 years and 7 years, respectively. The sale appellant of Criminal Appeal No 190 of 1986 Sudama Singh has been convicted under Section 302 of the Penal Code simpliciter and sentenced to rigorous imprisonment for life. He has also been convicted under Section 148 of the Penal Code and Sections 25 (a) and 27 of the Arms Act, while for the offence under Section 148 he has been sentenced to rigorous imprisonment for 3 years, for the offence under the Arms Act he has been sentenced to rigorous imprisonment for 3 years and 7 years, respectively.

(3.) The prosecution case may briefly be stated as follows. Informant Parmeshwar Manjhi and other Manjhis of village Lodipur had constructed huts over a piece of land which was part of the bed of river Bhutahi situated at the distance of about 100 yards North of the Village and were residing therein with their families. This had led to disputes between the manghis of the village on the one hand and the appellants and some others on the other. A proceeding under Section 144 of the Code of Criminal Procedure in respect of the land was pending in the Court of Sub-divisional Magistrate. Jehanabad in which the Manjhis were the 2nd party. On 4-11-1970 a Pleader Commissioner was to visit the place to find out the existence of huts over the disputed land. In the night of 3-11-1970 while members of the prosecution party i.e. Manjhis were sleeping in the huts, at about 11 p.m. when PW 4 Dhurbichh awoke to answer the call of nature he heard some humming sound. He awakened other. They collected at one place. They suspected that persons might have come to remove the huts as a Pleader Commissioner was to come to inspect the land on the next day. At that point of time several persons appeared. Appellant Ram Lakhan Singh commanded them to set the huts on fire. Appellant, Awadhesh Singh and one Sidheshwar Singh and Ramdeo Singh moved forward. Three of them set the huts of PW 4 Dhurbichh Manjhi. PW 7 Sudhu Manjhi and one Bengali Manjhi and Bideshi Manjhi to fire. In the light of fire the informant and others identified the rest of the appellants. It is said that appellants Sudama Singh and Tapeshwar Singh were armed with country-made guns, Sidheshwar Singh was armed with, Farsa. Balmiki Singh, Awadhesh Singh and Awadh Singh were armed with garasa, Ramdeo Singh and Naresh Singh were armed with bhala. Baleshwar Singh, Ramjit Singh and Baudhi Dusadh were armed with saif. Rest of the appellants, except Ramrup Singh who was unarmed, were carrying lathi. When the Manjhis protested against the action of the appellants, appellant Ramrup Singh gave an order for opening fire. Thereupon appellant Sudama Singh fired a shot from his gun, which hit Sakal Manjhi. He fell down and later succumbed to gun shot injuries. Appellant Tapeshwar Singh also fired shot from his gun, which hit PW 8 Parmeshwar Manjhi (informant). Appellant Shyamdeo Singh struck PW 4 Dhurbichh Manjhi with lathi. On alarm several villagers came to the place there after the appellants fled away. On account of the aforesaid acts of arson. 4 huts were burnt to ashes.