RAMRAJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these three appeals have been heard together and are being disposed of by this common judgment because they arise out of the same judgment and order dated 28th March, 1987 passed in Sessions Trial No. 128/86 by Additional Sessions Judge, Xth, Patna, convicting and sentencing Ram Raj Singh, the appellant of Cr. Appeal No. 123/87 to undergo life imprisonment under Section 302/34 of I.P.C., Ravi Bhushan Singh, Awadhesh Singh and Satya Narain, Singh, the appellants in Cr. Appeal No. 124/87 to undergo life imprisonment under Section 302/34 of I.P.C. and Pramod Kumar Singh, appellant in Cr. Appeal No. 125/87 to undergo life imprisonment under Section 302/I.P.C.

(2.) BRIEFLY stated, the case of prosecution is that on 12 -9 -84 at 10.15 p.m., informant Indradeo Singh (P.W. 8) gothis/ardbeyem(Ext. 6) recorded by S.I. Dudheshwar Singh (P.W. 10) at Referral Hospital, Naubatpur, P.S. Naubatpur, Distt. Patna stating therein that on the same date at about 7.00 p.m., his cousin deceased Sadhu Sharan Singh had gone towards south of the village to ease out and before him, he himself had gone for the same purpose and when he was returning and reached Dadan Pirbaba Asthan he found that four appellants, namely, Promod Kurnar Singh, Ravi Bhushan Singh, Awadhesh Singh and Satya Narain Singh surrounding the deceased Sadhu Sharan Singh and appellant Pramod Kumar Singh giving a dagger blow on the abdomen of the deceased whereas remaining three appellants had caught the deceased. Appellant Awadhesh Singh ordered for killing the deceased on which the deceased was again given dagger blow on his abdomen, face and hand. The informant raised 'hulla' and the deceased after receiving injuries fell down and became unconscious and on the 'hulla' raised by informant Mohan Singh (P.W. 2) and Subhas Singh (P.W. 3) came there and witnessed the occurrence. He stated that the deceased was still unconscious and was not in a position to give any statement. About the motive of occurrence, the informant stated that two days prior to the date of occurrence, an altercation had taken place between the deceased and appellant Pramod Kumar Singh on the matter of a shop. On the basis affardbeyan of informant, a formal F.I.R. (Ext. 9) against four appellants, namely, Pramod Kumar Singh, Ravi Bhushan Singh, Awadhesh Singh and Satya Narain Singh was drawn under Section 302/34 of I.P.C. S.I. Dudheshwar Singh (P.W. 10) took up the investigation of the case and he prepared requisites (Ext. 7) for examination of injuries of the deceased, recorded further statements of informant and statements of Hulash Singh (P.W. 1), Mohan Singh (P.W. 2) and Subhas Singh (P.W. 3) and on the same night at about 2.00 a.m. visited the place of occurrence from where he seized blood -stained soil. At the place of occurrence itself, the I.O. came to know that injured Sadhu Sharan Singh and succumbed to injuries. He then came to Hospital, prepared inquest report (Ext. 8) of the dead body and sent the dead body for post -mortem examination and filed a petition (Ext. 11) before the Court for adding Section 302, of I.P.C. in the F.I.R. and after receipt of postmortem examination report (Ext. 13) and after recording statements of other witnesses submitted charge -sheet against all the five appellants under Section 302/34 of I.P.C. cognizance of the case was taken and the case was committed to the Court of Session where charge under Section 302 of I.P.C. was framed against appellant Pramod Kumar Singh and charge under Section 302/34 of I.P.C. was framed against other remaining four appellants and the appellants were put on trial and after trial, the appellants were found guilty and were convicted and sentenced as indicated above.

(3.) IN order to prove its case the prosecution has examined 15 witnesses. Indradeo Singh (P.W. 8) is the informant. Gobardhan Singh (P.W. 6) is a tendered witness. Lal Deo Shartna (P.W. 11), Arun Kumar Singh (P.W. 13), Baboo Chand Rai (P.W. 14) and Shashi Bhushan Prasad Singh (P.W. 15) are formal witnesses, who have proved formal F.I.R. (Ext. 12), signatures of Braj Nandan Sharma(Ext. 14) and of Prem Nath Kesari (Ext. 14/1), both advocates, on a vakalatnama, protest petition (Ext. 15) filed by the informant of this case during the course of investigation and a 'challan' of material exhibit (Ext. 17) in respect of a blood -stained dagger said to have been handed over by informant to the I.O. Nand Kishore Ambastha (P.W. 9) is the doctor who had examined the injuries of deceased when the deceased was alive. Miss, B.N. John (P.W. 12) is the doctor, who had conducted the autopsy on the dead body of the deceased. Manjari Devi (P.W. 5), the mother of deceased, is also a witness on the point of taking away the deceased from his house by appellant Ram Raj Singh. Ram Pukar Singh (P.W. 7) is a witness who had seen the appellant Ram Raj Singh talking with deceased and other appellants sitting at Dadan Pirbaba Asthan and had heard about the injuries by dagger on the deceased from the mother of Subhas Singh. Hulash Singh (P.W. 1), Mohan Singh (P.W. 2), Subhash Singh (P.W. 3) and Fulwasi Devi (P.W. 4) are the witnesses, who are said to have reached the place of occurrence after hearing 'hulla'. Dudheshwar Singh (P.W. 10) is the I.O. of the case.