NUNU PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above stated criminal appeals have arisen out of the common Judgment of conviction and sentence Order dated 17.12.1994 passed by the learned 1st Additional Sessions Judge, Darbhanga, in Sessions Trial No.69 of 1985/53 of 1987, by which and whereunder he convicted the appellants for the offence punishable under Sections 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life for the aforesaid offence punishable under Sections 302/34 of the Indian Penal Code. However, by the same impugned Judgment, the learned 1st Additional Sessions Judge, Darbhanga, acquitted the co-accused Hira Singh from the charge framed against him under Sections 302/34 of the Indian Penal Code and, similarly, the appellant Nunu Prasad Singh alias Nunu Singh from the offence punishable under Section 302 of the Indian Penal Code. Since both the above stated criminal appeals have arisen out of the common Judgment of conviction and sentence Order, common Judgment in both the aforesaid criminal appeals is being passed.

(2.) P.W.6 Satish Chandra Mishra gave his fardbeyan to the S.I. of Laheriasarai Police Station at Emergency Ward, D.M.C.H., Darbhanga, on 07.08.1982 to this effect that his elder brother Maheshwar Mishra was running 'Gumti', adjacent to B.K.S. Canteen, and one Wakil Jha (P.W.1) was working as servant with Maheshwar Mishra. The appellant Panna Singh was the owner of B.K.S. Canteen and he used to take Rs.15/- from Maheshwar Mishra for keeping 'Gumti'. P.W.6 further stated in his fardbeyan that on 07.08.1982 at about 10.00 A.M., the appellant Panna Singh went to the 'Gumti' of Maheshwar Mishra and asked him to give Rs.20/- in place of Rs.15/- for keeping the 'Gumti' but Maheshwar Mishra requested him to take Rs.15/- but the appellant Panna Singh insisted upon him to give Rs.20/- failing which he must remove 'Gumti' from there. Thereafter, Maheshwar Mishra assured him to remove 'Gumti' as soon as possible. P.W.6 further claimed that on the same day at about 03.30 P.M., the appellant Panna Singh along with the appellant Nunu Prasad Singh alias Nunu Singh again came to the 'Gumti' of Maheshwar Mishra and asked as to why he had not removed 'Gumti' from there and, thereafter, a hot exchange of words took place between Maheshwar Mishra and the appellants. P.W.6 further stated that the appellant Panna Singh dragged Maheshwar Mishra from 'Gumti' and threw him on the ground and, thereafter, the appellant Panna Singh took out dagger from the pocket and started stabbing dagger to Maheshwar Mishra. P.W.6 further stated that, in the meantime, his co-villager Lilakant Chaudhary (P.W.5) also came there and he tried to save Maheshwar Mishra but the appellant Panna Singh threatened to kill him, as a result whereof P.W.5 could not dare to intervene into the matter. After the occurrence, both the appellants fled away from there towards the lane. The injured Maheshwar Mishra was taken to the police station on a Rickshwa by P.W.1 and P.W.5 and, thereafter, the injured was sent to the hospital on a Jeep by the police officials. P.W.5 Lilakant Chaudhary returned to his village and narrated the entire incident to P.W.6 and, thereafter, P.W.5 and P.W.6 and other co-villagers went to the hospital, where P.W.6 found his elder brother Maheshwar Mishra dead. P.W.1 also narrated the entire occurrence to P.W.6 at the hospital.

(3.) On the basis of the aforesaid fardbeyan of P.W.6, Laheriasarai P.S. Case No.248 of 1982 for the offences under Sections 302/34 of the Indian Penal Code was registered and formal F.I.R. was drawn up against the appellants.