JAGDISH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of judgment of conviction and order of sentence dated 18.3.1989 passed in Sessions trial No. 57 of 1982 by 1st Addl. Sessions Judge, Arrah and as such they are being disposed of by this common judgment. In Criminal Appeal No. 117 of 1989, appellants Jagdish Singh and Mahendra Singh were convicted under Sections 307/34 and 148 of the Indian Penal Code and under Section 27 of the Arms Act and were sentenced to undergo rigorous imprisonment for seven years, six months and three years respectively each. In Criminal Appeal No. 125 of 1989 all three appellants were convicted under Section 148 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for six months only. Accused Lagar Singh @ Sheo Kumar was acquitted by the trial Court.

(2.) The prosecution case, as mentioned in the fardbeyan (Ext. 4) given by the informant Baban Singh (P.W. 6), was that on 20th July, 1981 at about 9.10 a.m. when the informant went to see his seed-ings, he found them damaged by trampling by elephant and thereafter, he, his brother, Judge Singh (P.W. 2) along with Basudeo Singh (P.W. 4) went to the house of Awadesh Singh. Further case of prosecution was that as the informant was abusing the pilwan of the elephant, appellant Jagdish Singh came there and he also abused them and then he went to his house and again came back with appellant Mahendra Singh and both of them were armed with guns and Lager Singh was armed with bhala. It was alleged that Jagdish Singh and Mahendra Singh fired at the informant and his brother Judge Singh causing injury to them and Lager Singh assaulted both them with bhala. It was further submitted that appellants Jagdish Singh and Mahendra Singh wanted to reload their guns which was caught hold of by the informant and his brother Judge Singh and meanwhile, appellants Bilash Singh, Kailash Singh and Bhimal Singh of Criminal Appeal No. 125/89 came there with lathi and assaulted the informant. The FIR was lodged at 3.00 p.m. on 20.7.81 on the basis of which Nawanagar P.S. Case No. 96 of 1981 was registered against the appellants and others and the police after due investigation submitted charge-sheet and after cognizance and commitment they were put on trial which ended in conviction of the appellants and acquittal of one accused Lager Singh, as aforesaid.

(3.) The defence of the appellants was that they were falsely implicated in this case due to previous enmity and litigation between the parties and no such occurrence did not take place at the house of Ram Awadesh Singh and that appellants had no elephant and as such they have no reason to pick up the quarrel.