RAM PRAVESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are eight appellants in these three appeals which have been preferred against the judgment and order of the Additional Sessions Judge, Bhojpur, Arrah dated 11th March, 1988, in Sessions Trial No.369 of 1981. The learned Additional Sessions Judge has found appellant Baliram Singh guilty of the offence under section 302 I.P.C. and sentenced him to undergo rigorous imprisonment for life. He has also found all the appellants guilty of the offence under section 302/149 I.P.C. and sentenced them to undergo rigorous imprisonment for life. Appellants Raman Singh, Banaras Singh and Sheojee Singh (appellants in Cr. Appeal No. 114 of 1988) have also been found guilty of the offence under section 307 I.P.C. While remaining appellants have been found guilty of the offence under section 307/149 I.P.C. but no separate sentence has been awarded on this count. Appellant Ram Pravesh Singh has been found guilty of the offence under sections 109/302/307 I.P.C. but no separate sentence has been passed. Five of the appellants, who are said to have been armed with deadly weapons, namely, appellants Raman Singh, Banaras Singh, Sheojee Singh, Baliram Singh and Krishna Singh, have been found guilty of the offence under section 148 I.P.C. and sentenced to undergo two years rigorous imprisonment each while the remaining three appellants have been sentenced to undergo one year rigorous imprisonment each under section 147 I.P.C. All the sentences have been directed to run concurrently.

(2.) THERE are three appellants in Cr. Appeal No. 114 of 1988, namely, Sheojee Singh, Banaras Singh and Raman Singh. Sheojee Singh and Banaras Singh are brothers, but it is not clear as to whether Raman Singh is related to them. In Cr. Appeal No. 129 of 1988 there are four appellants, namely, Ram Pravesh Singh, Krishna Singh, Rabindra Singh and Baliram Singh. Ram Pravesh Singh is the father of the remaining appellants. In Cr. Appeal No. 145 of 1988 there is only one appellant, namely, Basawan Sah, who is a co -villager of the remaining appellants.

(3.) THE prosecution has. examined eight witnesses, of whom four claim to be eye -witnesses, namely, Deoranjan Singh (P.W.1), Ambika Singh (P.W.2), Sohan Paswan (P.W.3) and Babu Lal (P.W.4). The investigating officer Sita Ram Tiwari has been examined as P.W.5. Dr. Nishi Kant Thakur has been examined as P.W. 6 since he had examined the injuries of the deceased as well as of Bihari Sao and Ambika Singh, while he was posted as the Medical Officer of Koilwar State Dispensary. The doctor who conducted the post -mortem examination on the dead body of the deceased has not been examined and it was stated by P.W.7 that he (Dr. Ram Badan Choudhary) died on 14.4.1986. P.W.7 Dr. Anil Kumar Singh has proved the post -mortem report as being in the handwriting of Dr. Ram Badan Chaudhary, Associate Professor of Forensic Medicine, Patna Medical College and Hospital. P.W.8 is a formal witness who has proved the inquest report.