PAPPU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus curiae for the sole appellant as well as learned Additional Public Prosecutor for the State.

(2.) The sole appellant has preferred this appeal against the judgment of conviction and sentence order dated 24.7.1995, passed by the learned Additional Sessions Judge-VII, Munger in Sessions Trial No.552 of 1994 by which the appellant has been convicted under Sections 302/34 of the Indian Penal Code (herein after referred to as 'the IPC') and ordered to undergo life imprisonment with a fine of rupees five thousand and in default, he has to undergo one year simple imprisonment for the above stated offence. Appellant has also been convicted under Section 27 of the Arms Act for which he was ordered to undergo rigorous imprisonment for five years. However, both the sentences have been ordered to run concurrently.

(3.) The prosecution's case in brief is that on 7.7.1992 at about 6 AM he along with his elder brother (the deceased) was going to the field at Barahiya Pokhar for sowing seeds. However, at about 6.15 AM when they reached near the Bishmuhawa culvert, all of a sudden all the six named accused persons including the appellant Pappu Singh surrounded them. The appellant and accused Naresh Singh were armed with pistol. Accused Govind Singh and Mukund Singh caught hold of waist of the informant, whereafter accused Naresh Singh fired at the back of the deceased and appellant fired at the neck of the deceased as a result of which he fell down in the culvert. Thereafter, accused Gopal Singh and Shambhu Singh, who were hiding in the culvert, came out and assaulted on the face of wailing deceased by means of boulder and wood. When the villagers started rushing towards the place of occurrence, accused persons fled away. It is further stated that appellant being a muscle man, an altercation took place between the parties on 2.6.1992 over a dispute of sowing the field, is the motive behind the occurrence.