UMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 26-2-1989 passed by the 4th Additional Sessions Judge. Gaya, whereby and where under the accused-appellant No.1 Uma Singh has been convicted under Section 307 of the Indian Penal Code and the other three appellants were also convicted under Sections 307/34 of the Indian Penal Code and all of them had been sentenced to undergo rigorous imprisonment for six years.

(2.) At the very outset, it should be mentioned that the accused-appellant No. 2 Sridhar Singh who was aged about, 80 years at the time of conviction died during the pendency of the appeal and an affidavit has been filed to that effect and hence the appeal has abated against accused-appellant No.2, Sridhar Singh.

(3.) The prosecution story in brief is that one Madhu Sudan Singh made a statement on 13-12-1982 at 7.30 p.m. in the State Dispensary at Kako alleging therein that on the previous date, i.e., on 12- 12-1982 at 11 a.m. while he was returning home from his land just when he reached the Khalihan of accused appellant No.2 Sridhar Singh, he saw four persons in the Khalihan having arms in their hands. Accused-appellant. No.1, according to statement, had a rifle while Ambika had a gun and other two accused, Sridhar Singh and Ram Tabakkya Singh had pasuli in their hands. Uma Singh fired from his country-made rifle which hit on his left knee. He fell down there and then the witnesses came to him for rescue and he was hospitalised. On the basis of that statement, a case was registered stating the contents of same as FIR and after investigation charge-sheet has been submitted under Sections 307/324/34 of the Indian Penal code read with Section 27 of the Arms Act.