RAMAGYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. The appellant has preferred this appeal against the judgment and order dated 17.7.1986 passed by 1st Additional Sessions Judge Gopalganj in Sessions Trial No. 2/3 of 1985 whereby the appellant has been convicted for the offence under Section 364/149 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) One Phulwanti Devi gave her fardbeyan on 27.5.1981 at about 7.45 A.M. stating therein that yesterday night at about 8.30 p.m. she was at the door of her house. Her husband, namely, Ram Nath Singh was taking meal in the Varandah of the house. After taking meal he was cleaning his teeth. Ramagya Singh, the appellant, came and caught her husband. She caught Ramagya Singh but the appellant pushed her. She fell down. In the meantime Bishwanath Singh, brother of Ramagya Singh and 12 -13 others came out of whom 8 persons were carrying gun. They took her husband towards north. On alarm raised by her, Ram Bachan Singh, brother of her husband came and tried to rescue his brother but Ramagya Singh assaulted him from wooden portion of Farsa due to which he fell down. Ramagya Singh also took away ornaments from the boxes. While they were running away Ram Sakal Singh, Parsan Singh, Deba Singh came and saw them running way. Many persons of the village came but by that time the miscreants had fled away. While fleeing away they fired their guns.

(3.) On the basis of the fardbeyan Ext. 1 a formal F.I.R. (Ext. 2) was drawn up. Investigation was taken up and on completion of investigation charge -sheet was submitted, cognizance was taken and the case was committed to the Court of session for trial. The trial Court convicted the appellant as indicated above. However, the Court acquitted Bishwanath Singh from the charges levelled against him.