UPENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal by appellant Upendra Singh, who was sole accused before the court below, is directed against the judgment and order dated 30.6.1986 passed by the Sessions Judge, East Champaran, Motihari, in Sessions Trial No.115 of 1984 arising out of Motihari Town P.S. Case No. 447 of 1983 convicting and sentencing the appellant to undergo R.I.for life under section 302 I.P.C. and 3 years under section 27 of the Arms Act. Both the sentences were, however, ordered to run concurrently. The brief facts of this case are stated below.

(2.) DEVENDRA Pd. Singh (P.W.9), the informant, on 30.11.1983 was posted as Vigilance Officer at M.S.College, Motihari, P.S. Motihari within the district of East Champran and on that day at about 5 P.M. when he was leaving the College through its gate, some students came running to him and informed that in one bedded room no.11 of the College hostel one man was groaning and the room was locked from outside. The informant then sent this information to Sri Bhola Nath Singh (P.W.10), the Principal of the College and he along with those students went to room no.11 of the hostel and got the lock of the room broken and thereafter found that deceased Prabhu Nath Singh, who was a student of 2nd year commerce, was groaning on the floor and blood was oosing out from his head. In the meantime the Principal Sri Bhola Nath Singh (P.W.10) also reached there and the deceased, was sent to hospital for treatment. The room was relocked because a country made pistol, cartridges etc. were found there, and the Motihari Police was informed. Thereafter S.I. Shyam Sundar Singh (P.W.12) reached there and seized a country made pistol (Material Ext.I), two live cartridges (Material Ext. II and II/1), Pee Cup (Material Ext.lll), pellets (Material Ext.IV) and pad (Material Ext.V) and prepared seizure list (Ext.4) He further seized a pair of chappal (foot -wear slipper) outside room no.11 and prepared another seizure list (Ext. 4/1). Thereafter he went to Motihari Sadar Hospital where he found that the deceased was in an unconscious state. The deceased was forwarded to Patna Medical College & Hospital where he died and the I.O. obtained post mortem report (Ext.5) and after investigation submitted charge sheet against the appellant under section 302 of the Indian Penal Code and 27 of the Arms Act. The cognizance of the case was taken by the Chief Judicial Magistrate, East Champaran, who committed the case to the Court of Session where the appellant was put on trial and he was convicted and sentenced as stated above.

(3.) ADMITTEDLY , there is no direct evidence in this case and the case of the prosecution is entirely based on circumstantial evidence.