MAHENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals were heard together and this common judgment shall dispose of all the appeals. The sole appellant of Criminal Appeal No. 467 of 1986 Mahendra Singh died during the pendency of the appeal as reported by the Superintendent of Police, Nawadah by his letter no. 1203 dated 7th of April, 1999. Hence this appeal has abated.

(2.) ALL the appellants were charged under sections 302/149 of the Indian Penal Code and appellant Mahendra Singh (since dead) was also charged under section 302 of the Indian Penal Code. The learned 2nd Additional District and Sessions Judge, Nawadah by his judgment dated 11th of August, 1986 in Sessions Trial No. 5/86/521/84 acquitted all the accused persons of charge under sections 302/149 of the Indian Penal Code but convicted all of them under section 147 of the Indian Penal Code and sentenced each of them to undergo one year rigorous imprisonment. Appellant Mahendra Singh (since deceased) was found guilty under section 302 of the Indian Penal Code was sentenced to imprisonment for life.

(3.) DURING trial the prosecution has examined in all 13 witnesses. Dr. Jawahar Lal (P.W.10) held the postmortem examination on the dead body of Baleshwar Singh on 5.4.1979 at 9.30 A.M. who found one bruise with swelling extending from right temporal bone to upper part of right side of neck and up to angle right mandible beside raision and swelling. In the opinion of the Doctor the injuries were ante -mortem in nature caused by hard blunt substance such as Dhela. He further opined that injuries on the right temporal reason was sufficient to cause death in ordinary course of nature. His postmortem report has been marked Ext. 3. The time elapsed since death was between 6 to 36 hours. The said Dhela has been produced in the court and marked material Ext. 1. The Investigating Officer has described the place of occurrence as the field of Dwaraka Singh where the dead body was lying. The inquest report prepared by the Investigating Officer has been marked Ext. 5. The learned Trial Court after considering the evidences on record came to the conclusion that prosecution has been able to prove that accused Mahendra Singh has inflicted injury on the temporal reason of Baleshwar Singh which caused his death, and accordingly found him guilty under section 302 of the Indian Penal Code. However, the learned trial court held that other appellants who had assembled at the place of occurrence had no intention to cause death or to assault Baleshwar Singh. The learned court further held that at best they were members of an unlawful assembly, the common object of which was to scare away the prosecution party from the place of enquiry, accordingly, the learned trial court acquitted all the appellants under sections 302/149 of the Indian Penal Code but convicted them under Section 147 of the Indian Penal Code.