ARBIND KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Arbind Kumar has been convicted under Sections 302 and 148 IPC and has been sentenced to rigorous imprisonment for life and three years respectively. Appellant Raj Kumar Singh has been convicted under Sections 302/149 IPC and has been sentenced to rigorous imprisonment for ten years. He has further been convicted under Sections 148, 324 and 326 IPC and sentenced to rigorous imprisonment for three years under each count. Appellant Ram Babu Singh has been convicted under Sections 302/149 IPC and has been sentenced to rigorous imprisonment for ten years. He has further been convicted under Section 148 IPC and sentenced to rigorous imprisonment for three years. Appellant Raghunath Singh has been convicted under Sections 302/109 and 302/149 and has been awarded ten years rigorous imprisonment under each count. Further he has been convicted under Section 148 IPC and sentenced to rigorous imprisonment for three years. However, Ramdhani Singh another accused has been acquitted.

(2.) The case of the prosecution was that on 12-1-1982 in the morning at about 8 A. M. the informant Janak Singh (P. W. 6) along with his wife and sons were working in the opinion seedlings field, then all the accused came there and wanted to take water through northern portion of their field. As on the earlier occasion the informant was not allowed to take water through the land of the accused persons so the informant and his men objected to the accused taking water through the informant's field. This resulted into altercation and exchange of abuses. Appellant Raghunath Singh said that the revolver has been purchased for them and so kill them. Then the appellants except Raghuuath Singh took out their revolvers whereupon the informant got terrified. Appellant Arbind fired at the wife of the informant Smt. Jotiya who got the fire arm injury and again on the order of Raghunath Singh, appellant Raj Kumar fired at Bisundeo Singh who got injuries below the elbow of the right hand. The informant also received injuries in his right hand, and so also Lakhi Singh (P. W. 5) got injuries. However, the revolver of appellant Rambabu Singh misfired. Alarm witn sses Surendra Singh, Bramhdeo Singh, Dinesh Singh (P. Ws. 2, 3 and 4) and others arrived at the spot. Smt. Jotiya succumbed to her injuries within ten minutes of the occurrence.

(3.) Hira Lal Singh (P. W. 8) the I. O. of Rajapakar Police Station on getting sudden information about firing being done in village Rajapakar-Kushwahatola made diary entry No. 149 dated 12-1-1982 and proceeded for the place of occurrence along with the police force and recorded the Fardbeyan (Ext. 4) of Janak Singh and sent the same for registration of the FIR being Ext. 5 at the police station and then he started investigation. He prepared the inquest report (Ext. 6). He also prepared injury reports of the injured and sent the dead body of Smt. Jotiya for postmortem examination. He prepared a site plan and also got during the investigation a sketch map (Ext. 9) prepared by Dwarika Pd., Amin, (P. W. 9). After completing the investigation charge-sheet was submitted by him. Dr. Harinath Gupta (P.W. 7) had conducted the postmortem examination on 12-1-1982 at about 2.20 P.M. over the dead body of Jotiya and submitted the postmortem report (Ext. 2) and had found following injuries on her person : One lacerated wound "x" abdominal deep with charred skin margin on the front of abdomen 2" left of umblicus directing hackwards, downwards and right wards and opening into would of exit "x" on the upper part of right buttock. On dissection the perilonium, discending colon and small inestine was found raptured at five places and the right hip bone was fractured in the upper part. There was huge accumulation of blood in abdominal cavity. Time elapsed since death within 24 hours. The injury was caused by fire arm. Death in the opinion of the Doctor was due to shock and haemorrhage caused by above noted injury. This very Doctor had also examined Janak Singh (P. W. 6), Bisundeo Singh (P. W. 1) and Lakhi Singh (P. W. 5) and submitted his reports (Exts. 3, 3/1 and 3/2 respectively). Their injuries are as follows : The injury of Janak Singh