GAYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is from the judgment and order dated 9th January, 1986 of the 5th Additional Sessions Judge, Gaya in Sessions Trial No. 13 of the 1985/120 of 1980. All the appellants except appellant No. 1 Gaya Singh have been convicted under Sections 302 and 148 of the Indian Penal Code and Section 27, Arms Act. All the appellants have been sentenced to imprisonment for life under Sections 302/ 149 Indian Penal Code and three years under Section 148, Indian Penal Code, Appellant No. 1 Gaya Singh has been further sentenced to seven years' R.I. under Section 27 Arms Act.

(2.) The Charge and trial of the appellants related to the occurrence which happened on 4 -6 -1978 while Gram Panchayat Election was going on at Chowar. Bhola Singh was shot dead in the occurrence by a mob. The case of the prosecution has been narrated in paragraph Nos. 2 and 3 of the judgment under appeal as follows: 2. The prosecution case, in short, is that on 4 -6 -1978 the election of Mukhiya and Sarpanch of Chowar Gram Panchayat was scheduled to be held. Booth Nos. 72 and 73 were situated in the northern and southern parts of Chowar Middle School. As there was apprehension of breach of peace, hence statics armed force of 1 -3 was deputed at each of the said booth, although the said booths were situated in the school at one place side by side. Ahmad Hussain. The Presiding Officer of Booth No. 73, the informant of this case (P.W. 1), however, when learnt that some people will disturb the peace on the booths and nearby the booth and would not allow the weaker section to come to cast vote, then he sent information in this regard and then Ram Singh, Magistrate Incharge of 1 -3 armed force of Wazirganj (P.W. 5) reached at Chowar on the said booths for maintaining peace and order there and then election was started at both the booths peacefully.

(3.) The prosecution case, further, is that when the election was going on peacefully, then at about 9.30 a.m. some voters including Balo Singh (deceased), Munna Singh and others came at the booth No. 73 and informed the informant (P.W. 1) that when they were coming to cast their votes in the said booth then on the way the people of Paharpur had tried to stop them and when they had had not listen to their command then they had chased them. Thereafter, Balo Singh and others casted their votes. When Balo Singh came on the Varandah after casting his vote and boarded down from the Varandah, then all on a sudden a firing was done from the southern side which hit Balo Singh due to which he fell down and died instantaneously on the spot. Then the other voters were terrified and began to conceal themselves hither and thither and raised alarm to save them. Munna Singh of village Punaul (P.W. 9) at that very time told the Presiding Officer of Booth No. 73 the informant (P.W. 1) that Gaya Singh had fired by his rifle at Balo Singh due to which he died. The informant (P.W. 1) then saw a mob of about 50 -60 persons armed with rifle and gun at a distance of about 40 yards only and they were coming to the booths from southern and eastern side and were firing indiscriminately. Some members of the mob were also throwing brick bats. Due to the indiscriminate firing the polling officer Indran Ram (P.W. 2) and Usha Devi sustained injury on their person. The constable Ali Hassan also sustained injuries by brick -bats. Some people of the mob were also instigating to kill them and to snatch away the rifles of the armed force and to loot away the ballot boxes and the mob started approaching towards the booths. The informant (P.W. 1) then gave several warnings and then told them that if they would not go back then firing would be done and that they may be killed. But, this warning did not bring any fruitful result. Then, he at last ordered the armed force (Ext. 1) for firing and then 7 rounds of firing were done, Prem Singh, Magistrate incharge of the armed force (P.W. 5) had also ordered (Ext. 1/1) for firing and then 9 rounds of firing were done by his armed force. Thus, 16 rounds firing were done by the armed forces which were deputed to maintain peace and order at the said two booths. Due to the said firing some members of the mob sustained injuries and fell down. Thereafter, the mob fled away and the mob carried away those persons who had sustained injuries by firing done by the armed force. 3. The defence of the appellants was that at the same place and time prosecution witnesses of this case and their companions had opened fire causing bullet injuries to appellant No. 2 Mahendra Singh and Ram Briksh Singh for which a separate case had been instituted. Charge -sheet was submitted in the counter -case but the trial ended in acquittal without any witnesses being examined.