RASH BIHARI SINGH Vs. SHEA NARAYAN SHARMA

JUDGEMENT

(1.) All the four appeals have been filed against the judgment and order of conviction and sentence dated 25-3-1987 passed by 1st Addl. Sessions Judge, Arrah in S.T. No. 196/84 whereby the appellants in Cr. A. Nos. 121/87, 139/87 and 143/87 have been convicted for the offence under Sections 302/149 of the IPC and have been sentenced to undergo imprisonment for life. Appellant in Cr. A. No. 121/87 has further been convicted for the offence under Section 379 of the IPC and has been sentenced to undergo R.I. for three years. Appellant in Cr. A. No. 139/87 has further been convicted for the offence under Section 302/114 of the IPC but no separate sentence has been awarded. Appellant in Cr. A. No.160/87 has been convicted for the offence under Section 302 of the IPC and has been sentenced to undergo imprisonment for life.

(2.) Fardbeyan of Shashi Shekhar Kumar Choudhary son of Ganpat Choudhary, the deceased, was recorded on 20-1-1984 at about 3.30 p.m. in which he stated that he, his father Ganpat Choudhary, the deceased, along with this villagers Sheoji Singh, Raj Kumar Singh of village Shital tola and Sheo Kumar Choudhary of village Karwa Bakri were returning after finishing the work in the Court. His father was going on foot with cycle ahead. He and other persons were behind him. When they reached on pitch road in front of Zila School, Arrah 7-8 persons variously armed with pistol and Pasuli surrounded his father. On the order of appellant Suraj Deo Singh appellant Hare Ram Singh fired on the back of head of his father. He fell down with cycle on the ground. Appellant Rash Bihari Singh, brother-in-law (sola) of appellant Hare Ram Singh removed the revolver of his father by cutting the belt. He took the licenced revolver and threw the leather case on the cycle. Appellant Sheo Narayan Sharma with a pistol was standing along with two others. He fired one round and threatened to kill if they proceeded ahead. On the other side there were two unknown persons with revolver who were also threatening due to which they could not go to his father. Thereafter, miscreants ran away. The motive of the occurrence was previous enmity with the appellants. His brother was killed by Hare Krishna Singh one of the sons of appellant Surajdeo Singh, Sheo Narayan Sharma and their associates. They were convicted and were serving the sentence. Appellant Sheo Narayan Sharma was released on parole only few days ago and Hare Krishna Singh was in jail. Hare Krishna Singh hatchedup plan to commit offence from the jail which was given effect by the appellants and others.

(3.) On the aforesaid fardbeyan, formal First Information Report was drawn on the same day i.e., 20-1-1984 at about 5 p.m. and investigation was taken up. During investigation the Investigating Officer inspected the place of occurrence, seized blood, empty cartridges, live cartridges, old cycle, Chappal and revolver case from the place of occurrence. He also examined the witnesses at the place of occurrence and after completion of investigation submitted charge-sheet against the appellants and one Hare Krishna Singh. On receipt of charge-sheet in the Court cognizance was taken and case was committed to the Court of Sessions for trial. Charge was framed against the appellants and Hare Krishna Singh but Hare Krishna Singh was discharged from the charges vide order dated 10-9-1985 passed by the High Court in Cr. Misc. No. 3532/85. However, the Trial Court convicted the appellants for the offence as indicated above.