LALAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 28th Feb., 92, passed by the 1st Addl. Sessions Judge, Darbhanga in S.T. No. 128/90 -32/90, both the accused -appellants have been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life. Accused appellant Upendra Prasad Singh has further been convicted under Section 324, IPC and sentenced to undergo rigorous imprisonment for six months. However, the sentence imposed against him are directed to run concurrently.

(2.) THE prosecution case, in brief, is that on 29 -10 -89, at 11.15 a.m. the Officer -in -charge of Kusheshwar Asthan Police Station, Md. Anwar Sulaiman, PW -11 heard a rumour of murder at village Bargon. He made an entry in the Station Diary being 439, and went with the police party to the village. There at 11.45 a.m., on the same day, he recorded the statement of the informant Subhkala Devi, PW -9 the wife of the deceased, Surendra Singh. In her statement, she stated that at about 11 a.m. her husband was cutting earth with spade near the tube well situated opposite to her house in order to fill up the public path as it was the Deepawali day. The informant was standing on the southern end of her courtyard. Both the accused -appellants along with their father, Ram Pratap Singh came there and abused the deceased Surender Singh and asked as to why he was cutting the earth. The deceased, Surender Singh replied that as it was the Deepawali Day, he was levelling the public path. Thereafter, both the appellants caught hold of Surendra Singh and threw him on the ground. Ram Pratap Singh ordered to kill the deceased, and thereupon appellant Lalan Singh out the throat of the deceased with a chhure. Shubhkala Devi rushed to save her husband and fell down on his body to protect his life. Appellant Upendra Singh then gave a chhura blow in the abdomen of Surendra Singh out of which his intestine came out of his belly. Upendra Prasad Singh gave another blow by the side of his chest and while protecting her husband, Subhkala Devi also received injury on her left wrist from the dagger blow of appellant Upendra Prasad Singh. On Hulla, several persons arrived at the place of occurrence, including Sri Krishna Singh, PW -3, Pawan Kumar Singh, PW -2, Jibach Pd. Singh, PW -6, Devendra Prasad Singh, PW -1, Shanker Pd. Singh PW -7 and others and they all saw the occurrence. Surendra Singh died on the spot. The informant alleged that her husband, who was an active member of Gram Panchayat, has brought a vote of no -confidence against appellant Lalan Singh, who was then acting as a Mukhia and there were serious differences between the parties resulting into this cold -blooded murder. On the basis of her fardbeyan, Kusheshwar Asthan P.S. case No. 90 dated 29 -10 -89 was registered.

(3.) DURING the trial, accused Ram Pratap Singh, who was on bail absconded and thereafter, his case was separated from the main record by order dated 4 -6 -91.