DINA NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals arising out of judgment of conviction and order of sentence dated 5.2.1986 passed by 5th Additional Sessions Judge, Arrah in Sessions Trial No. 256 of 1982, are being disposed of with this common judgment. As per supplementary affidavit filed in Criminal Appeal No. 129 of 1986 appellants Satya Narayan Singh and Hari Narayan Singh of Criminal Appeal No. 129 of 1986 and sole appellant Radhe Shyam Choubey of Criminal Appeal No. 187 of 1986 died during the pendency of these appeals and as such their appeals stand abated. Now the cases of all four appellants of Criminal Appeal No. 123 of 1986 and of remaining two appellants Hridya Narayan Singh @ Bhola Singh and Jag Narayan Singh of Criminal Appeal No. 129 of 1986 could only be considered.

(2.) The trial Court had convicted deceased appellant Satya Narayan Singh, deceased, appellant Hari Narayan Singh and deceased appellant Radhey Shyam Choubey along with appellants Jag Narayan Singh Yadav and Hridya Narayan Singh @ Bhola Singh under Section 302 of the Indian Penal Code and the remaining appellants. Dina Nath Singh, Ram Lakhan Rai, Lalan Singh Yadav and Ram Nath Singh Yadav convicted under Sections 302/149 of the Indian Penal Code, 1860 and were sentenced to undergo life imprisonment and all the appellants were further convicted under Section 148 of the Indian Penal Code, 1860 and 27 of the Arms Act and sentenced them to undergo rigorous imprisonment for two years and three years respectively each. Deceased appellant Hari Narayan Singh was further convicted under Section 379 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for two years for taking away the rifle of Kashi Nath Singh.

(3.) The prosecution case as disclosed in the fardbeyan (Ext. 4) of P.W. 9 Ramdeo Singh recorded at 12.00 noon on 21.10.81 at the tube well of Rangnath Pandey was that Ram Ekbal Singh and Kashi Nath Singh (both deceased) had gone in the morning for irrigation of their field in Karanpura. Badhar situated in south of village Barki Puraini. It was also claimed that Kashi Nath Singh was carrying his rifle for his protection and at about 10.00 a.m. when the informant proceeded from his house to relieve his brother Ram Ekbal Singh for taking breakfast at about 10.30 a.m. when he reached in the Badhar, he saw Ram Ekbal Singh and Kashi Nath Singh standing beneath a banyan tree in the field of one Jaleshar Singh and the informant also saw those appellants alongwith 11 others coming from south towards that Banyan tree among whom he identified nine appellants. Further case of prosecution was that appellant Satya Narayan Singh (since dead) ordered whereupon appellant Hari Narayan Singh (since dead) fired his rifle hitting Ram Ekbal Singh who fell down under the tree. It was further claimed that Kashi Nath Singh tried to run away but he was also fired at by appellant Jag Narayan Singh with D.B.B.L. gun as a result of which Kashi Nath Singh also fell down. Further case of prosecution was that the accused persons rushed towards the injured and on reaching near them, appellant Hridya Narayan Singh @ Bhola Singh placed his gun over the mouth of Kashi Nath Singh and fired it and similarly appellant Satya Narayan Singh placed his rifle on the head of Ram Ekbal Singh and fired it and thereafter Radhe Shyam Choubey placed his gun on the abdomen of Ram Ekbal Singh and fired. It was also claimed that appellant Hari Narayan Singh took away the rifle of Kashi Nath Singh which had fallen on the ground and all the miscreants fled away firing in the air. The informant out of fear ran towards village and it was claimed that villagers present in the Badhar, namely, Sheo Narayna Singh (P.W. 6), Gharhu Naraina Singh (P.W. 3), Jagarnath Singh (P.W. 7), Chandrma Singh (P.W. 5) and Hari Charan Singh (P.W. 8) witnessed the occurrence. The informant out of fear did not go to police station and when he saw the police coming from a distance he went to tube well and made his statement over which he proved his signature (Ext. 1/6).