STATE OF BIHAR Vs. RAM KRISHANA SINGH

JUDGEMENT

(1.) CRIMINAL appeal No. 370 of 1998 has been preferred by Ram Krishna Singh, appellant No. 1 and his brother Munna Sharma, appellant No. 2 who have been convicted by the 6th Addl.. Sessions Judge, Cava in Sessions Trial No. 24 of 1996/127 of 1995. Appellant No. 1 Ram Krishna Singh has been sentenced to death under Section 302, IPC while both the appellants have been convicted and sentenced to undergo rigorous imprisonment for life under Section 120 -B of the IPC. Death Reference No. 8. of 1998 has been made by the trial Court for the confirmation of the sentence of death passed by him by his judgment and order dated 25th July, 1998. It appears that apart from the appellants, their mother Siamani Devi had also been committed to the Court of Sessions to stand her trial, but the learned Sessions Judge discharged her under Section 227, Cr PC finding no material to proceed against her.

(2.) AN occurrence is said to have taken place at about 9.15 p.m. on the 7th of February, 1994 on the main road of Mohalla Jheelganj in the town of Gaya within the jurisdiction of the Kotwali police station in which one Ashok Kumar Singh was murdered. The case of the prosecution is that while the said Ashok Kumar Singh, deceased, was returning home after work he was shot at by appellant No. 1 Ram Krishan Singh and the occurrence was witnessed by the father of the deceased, namely, Sudama Sharma who was also returning home at the time. On alarm being raised by Sudama Sharma, PW 5, large number of persons collected there including some family members to whom Sudama Sharma disclosed the name of appellant No. 1 Ram Krishna Singh as the perpetrator of the crime. The deceased was removed on a rickshaw first to the Pilgrim Hospital and then to the Magadh Medical College and Hospital, but he succumbed to his injuries at the Magadh Medical College and Hospital. The Investigating Officer, PW 7 on hearing a rumour about the occurrence, reached the Magadh Medical College and hospital where he recorded the fardbeyan of PW 5 Sudama Sharma at 10.30 p.m. On the basis of the said fardbeyan, a formal first information report was drawn up and after investigation the appellant sand their mother Siamani Devi were committed to the Court of Sessions to stand their trial. As noticed earlier, Smt. Siamani Devi the mother of the appellant was discharged under Sections 227, Cr PC.

(3.) IT is not in dispute that the appellants and the deceased belong to the same family. Ramanandan Singh, Yadunandan Singh and Rajballabh Singh were brothers. While the accused belong to the branch of Ramnandan Singh, the deceased belonged to the branch of Yadunandan Singh. It is also not in dispute that a partition suit had been filed by the informant for partition of joint family properties, including the house in which the parties were residing, and that suit was ultimately decided in favour of the appellants. Against the judgment and decree, an appeal was preferred before the High Court by the informant which was pending on the date of occurrence. It has also come in evidence that the deceased as well as the appellants lived in the same house in Mohulla Jheelganj and while the deceased along with his family members including the informant PW 5 resided on the ground floor, the appellant resided on the upper floor of the same house. The house was located in a lane and the occurrence in question took place on the road near the residence of the parties.