PARSHURAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These seven appeals have been preferred by the appellants, 11 in number, against the judgment and order of the 6th Addl. Sessions Judge, Chapra dated 14th/15th September, 1993 in Sessions Trial No. 87 of 1988/120 of 1993. The learned Addl. Sessions Judge by his impugned, judgment and order has sentenced all the appellants to undergo rigorous imprisonment for life under Sections 302/149, I.P.C. Appellants Anil Singh, Devendra Singh, Hareram Singh, Parshuram Singh, Dinesh Singh, Sheokumar Singh, Ram Pujan Singh and Munna Singh have been sentenced to undergo three years' rigorous imprisonment under Section 148, I.P.C. Appellants Rameshwar Singh, Ghanshyam Singh and Ram Janam Singh have been sentenced to undergo two years' rigorous imprisonment under Section 147, I.P.C. Appellant-Rameshwar Singh has also been found guilty of the offence under Sections 114/302, I.P.C., but no separate sentence has been passed on this count. In this manner, all the 11 appellants who were put up for trial before the 6th Addl. Sessions Judge, Chapra have been found guilty.

(2.) The prosecution case is that an occurrence took place little after 2 p.m. on 17-11-1987 in which all the appellants variously armed assaulted Triguna Singh (deceased) who succumbed to his injuries immediately after the assault. The prosecution has examined 6 eye-witnesses in support of its case, namely, Ksmla Giri, P.W. 1, Sudarshan Singh, P.W. 2, Manilal Giri, P.W. 3, Bunda Lal Giri, P.W. 4 Nathuni Giri, P.W. 5, and Tapeshwar Singh, P.W. 6, the father of the deceased. The defence on the other hand, has pleaded false implication since there was serious enmity between the appellants on the one hand and the prosecution witnesses on the other. The case was investigated by Sri Anand Prakash Gupta, P.W. 9 who on the date of occurrence was posted at the Marhowrah police station and who on 'hearing a rumour at 3 p.m. about a murder having taken place in village Bahuara Patti, reached the village of occurrence at about 4 p.m. and recorded the fardbeyan of Nathuni Giri, P.W. 5. The place of occurrence is said to be the sweet-potato field of Mangal Kuer which was situated to the east of village Bahuara Patti. The witnesses P.Ws. 1, 3 and 4 who are brothers, reside at a distance of about 300-400 yards north of the place of occurrence. Towards the south-east of the place of occurrence is village Bahuara Patti at a distance of about 800 to 900 yards, to the south of the place of occurrence at a distance of about 40 yards is a canal with shyphon running east to west. By the side of the place of occurrence, there is a village road running north to south connecting village Bahuara Patti in the south to Mathairi Tola in the north.

(3.) In his fardbeyan recorded at 4 p.m. at the place of occurrence, Nathuni Giri, P.W. 5, stated that at about 2 p.m. on that day, Triguna Singh (deceased) had come to his house which was located at a distance of about 300 yards from the canal. Triguna Singh asked for water which the informant brought in a Lotta. After drinking water the deceased while leaving his house asked for some Khaini (Tobacco). The informant walked with the deceased to some distance while preparing the khaini. Thereafter, he returned and proceeded towards his house. While returning, he heard a noise coming from the direction of the canal. When he turned back, he saw that 11-12- persons armed with Farsa, Bhala and lathi had come on the canal. Triguna Singh also moved towards him. Appellant Rameshwar Singh who was armed with a lathi ordered assault. Appellant Anil Singh who was armed with a Farsa assaulted Triguna Singh, deceased on his neck as a result of which he fell down in the field of Mangal Kuer. Thereafter, appellant Devendra Singh gave three or four Farsa blows on Triguna Singh who had fallen. Appellant Hareram Singh who was armed with Bhala gave two blows on the deceased with his Bhala. Appellant Parshuram Singh who was armed with pistol threatened the witnesses so that no one came near them. Thereafter appellants Dinesh Singh armed with Bhala, Ghanshyam Singh armed with lathi, Sheokumar Singh armed with Farsa, Ram Janam Singh armed with a lathi, Rampujan Singh armed with Garasa started assaulting the deceased with their respective weapons. The assault was witnessed by Sudarshan Singh, P.W. 2, Kamla Giri, P.W. 1, Manilal Giri, P.W. 3, Bunde Lal Giri, P.W. 4., Tapeshwar Singh, P.W. 6 and other villagers. It was stated by the informant that he had heard that 2-3 days ago there was a quarrel between appellant Devendra Singh and deceased Triguna Singh in connection with Sisum trees growing on the ridge of their lands.