RAM EKBAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three accused appellants were convicted for committing murder of father and son, namely, Ram Swaroop Singh and Mahashwar Singh. Accused appellants 1 and 2 have been convicted under Section 302/34, IPC for causing murder of Maheshwar Singh, while accused appellant No. 3, Ram Das Singh has been convicted under Section 302, IPC for committing murder of Ram Swaroop Singh. All the three appellants have been sentenced to undergo rigorous imprisonment for life. The judgment of conviction and sentence is dated 12 -4 -1989 passed by the then 4th Addl. Sessions Judge, Patna in S.T.No. 223/82. During the pendency of this appeal, appellant No. 2 Sarifa Singh died and as such this appeal has abated in respect of him. Accused appellants 1 and 2 had been granted bail on subsequent dates by this Court, considering their long stay behind the Bar and the appeal not being heard expeditiously.

(2.) THE prosecution case, in brief, is that on 12 -9 -1981, the deceased Maheshwar Singh, who was driving a Tum -tum brought accused appellant Ram Ekbal Singh from Barh Railway Station to his house at village Bihari Bigha. The fare of the Tum -tum was agreed upon to be paid at the rate of Rs. 12/ -, but on reaching home, Ram Ekbal Singh denied to pay the fare at the rate of Rs. 12/ -, stating the same to be excessive and an altercation started between the deceased Maheshwar Singh, Sarifa Singh and Ram Ekbal Singh and his uncle Ram Das Singh also joined. When Maheshwar Singh was adament to get the agreed fare, he was badly abused and according to the prosecution case he left the house of the accused persons and came to his own house which is also situated in the same Mohalla in the vicinity of the same neighbourhood. After some time, it is alleged that all the three accused persons being armed with dagger and Bhala came to the house of the deceased Maheshwar Singh and started abusing and then accused Ram Ekbal Singh gave a dagger blow to Maheshwar Singh, while Sarifa Singh assaulted Maheshwar Singh by means of Bhala. Ram Swaroop Singh, father of Maheshwar Singh was assaulted by accused appellant No. 3, Ram Das Singh, by means of Bhala. On alarm being raised and on hearing the altercation several other villagers of the neighbourhood came to the place of occurrence. They saw the occurrence of assault and when the accused persons fled away from the place of occurrence, then the injured persons were taken to the road side and by Tum -tum they were taken to Barh Hospital. There, the injured Ram Swaroop Singh gave his fardbeyan before the ASI of Barh Police Station and after giving first -aid, both the injured were referred to Patna Medical College and Hospital, as the injuries were grievous and of serious nature. At the PMCH both the injured met with death on the same day. On the basis of the fardbeyan being made by injured Ram Swaroop Singh, first of all a case was registered under Section 307, IPC, but after the death of both father and son, the case was converted into a murder case under Sections 302/34, IPC.

(3.) DURING the course of investigation inquest was held on both the dead bodies at PMCH itself and then those were sent for autopsy. In course of investigation, place of occurrence was visited and the accused persons were arrested. After closure of the investigation, charge -sheet was submitted under Sections 302/34, IPC. On being committed to the Sessions, charges were framed against appellant No. 3 Ram Das Singh, under Section 302, IPC for committing murder of Ram Swaroop Singh, by means of Bhala while against the other two accused, charge was framed under Section 302/34, IPC for causing murder of Maheshwar Singh by means of Chhura and Bhala respectively. Charges were framed by order dated 17. -10 -1988 and when the same were read over and explained, the accused persons pleaded not guilty.