BIJAY SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Cr. Appeal no. 102 of 1987 there are two appellants, Sheo Kumar Singh and Balister Singh alias Krishna Kant Singh and in Cr. Appeal no. 118 of 1987 there is only one appellant, namely, Bijay Shanker Singh, Appellant Bijay Shanker Singh was charged under Sections 302, 302/34, 120-B of the Indian Penal Code and Section 27 of the Arms Act. Appellant Balister Singh alias Krishna Kant Singh was charged under Sections 302/34, 120-B of the Indian Penal Code and Section 27 of the Arms Act and appellant Sheo Kumar Singh was charged under Section 302/34 and 120-B of the Indian Penal Code. All the appellants have been tried in Sessions Trial no. 131/11 of 1984 by the 3rd Additional Sessions Judge, Sasaram. The learned Additional Sessions Judge, by his judgment dated 7th March, 1987, convicted appellant Bijay Shanker Singh under Sections 302, 302/84, 120-B of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for life under the aforesaid sections of the Indian Penal Code, and rigorous imprisonment for ore year under Section 27 of the Arms Act. Appellant Balister Singh alias Krishna Kant Singh has been convicted under Sections 302/34, 120-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under the said sections. He has also been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment lor one year. Appellant Sheo Kumar Singh has been convicted for the offence under Sections 302/34 and 120-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The sentences were ordered to run concurrently. Both the appeals have been heard together as they arise out of the common judgment and will be governed by this judgment.

(2.) The prosecution case is that on 12-12-1983 at 3.45 P. M. the deceased Parmahans Singh was brought to Bhabua Sub-divisional Hospital in an injured condition for his treatment where he gave his statement before the Assistant Sub- Inspector of Police, Sri N.K. Singh, P. W. 18, that while he was coming from Kekra temple after offering his prayer the appellant Bijay Shanker Singh son of Balsingar Singh of village Bararhi, P. S. Chand, District-Rohtas, fired at him causing injuries on different parts of his stomach as a result of which he fell down and raised alarm. On hearing the alarm raised by the deceased many persons of the village assembled there and they brought him to the said hospital for his treatment. The deceased has further stated that four to five days prior to the said occurrence the appellant Bijay Shanker Singh had assaulted the driver and couducter of his Bus for which a case was lodged at Chand P. S. The statement given by the deceased was read over and explained to him on which he put his left thumb impression as he was not in a position to put his signature on his statement. The Fardbsyan, which is Exhibit-11, was recorded in presence of witnesses Arjun Singh and Mahesh Singh and thereafter it was forwarded to Chand P. S. for institution of the case. Dying declaration of the deceased Parmahans Singh was also recorded at 4.15 P. M. by Sri Tarkeshwar Pathak, Judicial Magistrate, P. W. 15, in presence of Dr. Shayam Sunder Singh, P.W. 9. The said dying declaration is Exiubit-5, One Ram Krit Singh, P.W. 8, who is fall brother of the deceased and was making round of his field close to the said temple, reached the scene of occurrence on hearing the sound of gun fire and found appellant Bijay Shaoker Singh fleeing away on a Bullet motor cycle with a gun. He also found the Pujari of the temple and other persons there and saw his brother in a serions condition on the roof of the temple and so he brought him to the Sub-divisional Hospital for his treatment with the help of others. It is said that the condition of the deceased was very serious so he started with his injured brother for Benaras for his treatment. It is said that Parmahans Singh died on the way to Benaras near Mohania but as the body was having some temperature he was brought to State Hospital, Kapil Chaura at Benaras where Dr. B. M. Shri vastava, P. W. 13, declared him dead. P. W. 13 also held post mortem on the deid body on 13-12-1983 at 2.45 P. M.

(3.) P. W. 17, Chandrama Singh, was posted as Assistant Sub-Inspector of Police at Chand Police Station in 1983. On hearing the news of death of Parmahans Singh he went to the place of occurrence which is Mahabir temple situated at a distance of five hundred yards from the residential area of village Kekra. On the left of the temple he found blood and also found trailing marks of blood on the stair and blood marks were also found just close to the room of Pujari. He seized the blood and he also seized an empty cartridge and prepared seizure list, Exhibit-7, in presence of witnesses Shanker Singh and Bal Karan Singh. One empty cartridge was handed over to P. W. 17 by P. W. 8 on 14-12-1983 which was said to have been found at the place of occurrence by P. W. 8. The officer-in-charge, P. W. 16, seized a S. B. B. L. gun no. 2987 from the house of appellant Balister Singh alias Krishna Kant Singh of village Sheohoria which was produced by the father of Balister Singh. The licence of the gun stands in the name of appellant Sheo Kumar Singh of village Sheohria.