RAM JIWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four appeals have been preferred against the verdict and sentence recorded by 1st Additional Sessions Judge. Patna in Sessions Trial No. 497 of 1982 and Sessions Trial No. 102 of 1983, Both Sessions cases were tried together as they arose from the Same incident which happened on 26-12-1981 at 6.00 p.m. in village Chandaus, P.S. Paliganj in the district of Patna.

(2.) In Cr. Appeal No. 121 of 1985, Ramjiwan Singh @ Ganauri Singh is the appellant. In Cr. Appeal No. 135 of 1985, Sheoji Singh and Prithwi Singh are the appellants. In Cr. Appeal. No. 170 of 1985, Bhirgunandan Singh is the appellant. In Cr. Appeal No. 187 of 1985. Krishna Singh and Sampurnand Singh Chulbul Singh are the appellants. Each of the appellants have been convicted under Sections 302/149, 201 and 148 Indian Penal Code, and have been sentenced to imprisonment for life under Section 302/149 Indian Penal Code and imprisonment for five years under Section 201 Indian Penal Code. No separate sentence was awarded under Section 148 Indian Penal Code. Appellants Krishna Singh, Prithwi Singh and Sheoji Singh have also been convicted under Section 27 Arms Act and sentenced three years imprisonment. Learned trial Judge also found the appellants guilty under Section 302/34 Indian Penal Code. There cannot be two opinions that the appellants can be charged under Sections 302/149 and 302/34 Indian, Penal Code for distinct offences although the sentence is same but the conviction of the appellants both under Section 302/149 and 302/ 34 Indian Penal Code is absolutely wrong.

(3.) The incident which resulted in trial and conviction of the appellants according to the prosecution case, took place on 26-12-1981 at 6.00 p.m. in the Baithka of Ram Pravesh Yadav. In the occurrence father and cousin of Ram Pravesh Yadav namely. Sheonagar Yadav and Ramadhar Yadav were brutally murdered allegedly by the accused persons, who used to keep watch over the Khalihan. On the fateful evening. Ram Pravesh Yadav (P.W. 5) had gone to the Baithka of his father with the meal for two persons. Sheonagar Yadav did not take his meal and stated that he would take his meal after some time and asked his son to keep his meal at the Osara. In the meantime, four persons from west and four persons from north armed with deadly weapons came to the Baithka all on a sudden. The informant in the lantern light identified some of the accused persons, who are appellants here. Some of them were armed with country made rifle and some were armed with sword, dab and lathi. Some of them were also armed with phasuli. According to the prosecution story appellant Bhirgunandan Singh instigated his companions to do away with the fife of Sheonagar Yadav and Ramadhar Yadav saying that these persons had taken the life of their sisters husband. On such instigation, appellant Ramjiwan Singh and Sampurnalldan Singh caught hold of informant's father and Sheoji Singh and Munni caught hold of informant's cousin Ramadhar Yadav. Accused Krishna Singh wanted to catch hold of the informant but he managed to run way. The informant had himself behind the hedge. Krishna Singh fired from his country made pistol at Ramadhar Yadav. Bhirgunandan Singh caused injury by sword and dab. Ramadhar Yadav fell on the ground. The informant raised alarm the informant had not said anything about the fate of his father, Accused parboils dragged and took Sheonagar Yadav to the west.