GULAB SAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these three appeals have been filed against the judgment and order passed by 2nd Addl. Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 7 of 1991. By a judgment dated 19th October, 1993 the learned Addl. Sessions Judge convicted altogether 11 persons under section 396 of the Indian Penal Code and sentenced them to undergo R.l. for life. By the same Judgment dated 19th of October, 1993 the learned trial court acquitted 7 of the accused persons of the charge under section 396 of the Indian Penal Code. Out of 11 persons convicted by the trial court 8 persons, namely, Gulab Sain, Jahndar Sain, Bramha Singh, Munni Singh, Jhakai Bind, Briksh Bind, Kera Bind and Babulal Bind, filed an appeal which was registered as Cr. Appeal No. 518 of 1993. out of these 8 appellants, appellant no.4, Munni Singh has since died and the appeal against him stood abated as per the order dated 25.11.1998. Two of the convict, namely, Bhan Singh and Subhas Singh filed a separate appeal which has been registered as Cr. Appeal No. 549/93. The, State of Bihar also filed an appeal against the order of acquittal passed by the trial court against 7 of the accused, namely, Sheo Murat Bind, Shankar Bind, Raja Ram Chamar, Nithonar Chamar, Prem Chamar, Dularchand Chamar and Rashid Mian. This appeal has been registered as Govt. Appeai No. 4/94. No appeal appears to have been filed on behalf of one of the convicts, namely, Mohan Bind. It is thus clear that Cr. Appeal No. 518/93 stands against seven appellants excepting appellant no. 4, Munni Singh and there are two appellants in Cr. Appeal No. 549/93.

(2.) THE facts of the case, in brief, are like this. In the evening of 1st of September, 1989 the informant Gulab Singh (P.W.6) had returned from the market at Bhabhua to his village Fakhrabad within P.S. Chainpur, District Bhabhua in the company of his nephew Krishna Singh (P.W.I). They had purchased fertilizers and had brought the same on a tractor. After reaching their home they went inside the house and started taking breakfast. While they were taking breakfast they heard some sound of firing from outside and both of them came out of the

(3.) IN this case the prosecution examined altogether 9 witnesses in support of the charge against the accused persons. Out of these 9 witnesses, P.W.8 Dr.Satyendra Kumar happened to be the doctor who held Postmortem Examination over the dead bodies of the two victims, namely, Madan Singh and Hasim Khan on 2nd of September, 1989 while be was posted as C.A.S. in Bhabhua hospital. So far as the postmortem of Madan Singh is concerned, the doctor found the following antemortem injuries: