RAVINDRA SINGH @ SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both stated criminal appeals have arisen out of impugned judgment of conviction dated 31.08.1995 and sentenced order dated 02.09.1995 passed by learned 12th Additional Sessions Judge, Patna in Sessions Trial No.228 of 1994 by which and whereunder he convicted appellant Ravindra Singh @ Sharma in Cr.Appeal (DB) No.266 of 1995 for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life thereunder and so far as the appellant, namely, Ram Narayan Singh in Cr.Appeal (DB) No.341 of 1995 is concerned, he was convicted for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and, accordingly, he was sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for three years for the offence punishment under Section 27 of the Arms Act. However, it is pertinent to note here that during pendency of Cr.Appeal (DB) No.341 of 1995, the sole appellant Ram Narayan Singh died and, accordingly, the aforesaid Cr.Appeal (DB) No.341 of 1995 stands abated. Now, we pass the judgment/order only in Cr.Appeal (DB) No.266 of 1995.

(2.) It is pertinent to note here that, altogether, six persons including appellant in Cr.Appeal (DB) No.266 of 1995 faced trial before the learned trial Court in Sessions Trial No.228 of 1994 and by the same impugned judgment, the learned trial Court acquitted four persons whereas convicted the appellant Ravindra Singh @ Sharma and Ram Narayan Singh (now dead) in the manner as stated above.

(3.) Briefly stated the prosecution case is that on 18.10.1993 at about 6.05 A.M., PW-4 Birendra Kumar Sharma gave his fardbeyan to PW-6 Ram Narayan Roy, the then Officer- in-Charge of Bihta police station, inside the bus bearing bus no.BR-1B-7009 in presence of Yogi Singh, the then conductor of the aforesaid bus as well as the dead body of deceased Surendra Kumar Arun near Bihta police station to this effect that on the same day, he along with above stated conductor and other staffs of bus no.BR-1B-7009 reached north of Bihta railway Gumti by the above stated bus at about 5.15 P.M. The above stated bus was parked north of the Bihta railway line. In the meantime, his brother Surendra Kumar Arun (deceased) came there at about 6.05 A.M. on his scooter and started talking with him. PW-4 further claimed that in the meantime, appellant Ravindra Singh @ Sharma and five others came from behind the bus and at that time, Ram Narayan Singh was carrying rifle in his hand and as soon as the appellant and his associates reached near him, appellant Ravindra Singh @ Sharma exhorted to kill and, thereafter, Ram Narayan Singh opened fire twice of his rife and first shot hit on the chest of deceased Surendra Kumar Arun whereas second shot hit on his right elbow as a result whereof, deceased Surendra Kumar Arun, fell down there and died then and there. PW-4 further claimed that Yogi Singh, the then conductor of above stated bus, also sustained injury by the fire made by Ram Narayan Singh. PW-4 further claimed that the aforesaid occurrence was witnessed by PW-1 Nam Shyam Sharma, PW-2 Raj Kishore Sharma, PW-3 Umeshwar Narayan Singh and several other persons. PW-4 unfolded the cause of occurrence as two days ago hot exchange of words had taken place between Ram Narayan Singh as well as deceased Surendra Kumar Arun on the point of dispute of parking of bus and at that time, he as well as other accused persons including appellant were also present there.