CHANDESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals, arising out of judgment of conviction and order of sentence dated 30th September, 1986 passedby 2nd Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 142 of 1985 were heard together and are being disposed of by this common judgment. All six appellants, Chandeshwar Singh, Lalan Singh, Mahesh Singh, Bacha Singh of Criminal Appeal 531 of 1986 and appellant Chandrika Singh of Criminal Appeal 548 of 1986 and appellant Lakshman Mahto of Criminal Appeal 558 of 1986 were convicted under Sections 302/34 of the Indian Penal Code and were sentenced to undergo life imprisonment thereunder.

(2.) The prosecution case is that Madan Kumar Sinha (deceased) resident of village Gazipur, who was running a medical shop in the adjacent village Dumari, when, as usual on 25-9-1984 at about 6.00 p.m. after closing his medical shop, was returning to his home and reached near the Mango orchard of Baijnath Singh, these appellants came out of the orchard and caught hold of him. Further case of prosecution was that appellant Lakshman Mahto had stabbed him in his abdomen and appellant Chandrika Singh had also stabbed him on his shoulder and the rest appellants had surrounded him. It was stated that Madan Kumar Sinha raised alarm and fell down unconscious and that witnesses arrived there to whom he named his assailants and as there was bleeding from his wounds, he was brought to Sheohar Referal Hospital for treatment where he gained his consciousness and at about 11.00 p.m., P.W. 20 Sindhu Paswan, A.S.I. recorded his fardbeyan (Ext. 4) and issued requisition to S.D.O. for deputing a Magistrate to get dying declaration of Madan Kumar Sinha recorded. Further case of prosecution is that at about 1.00 p.m. P.W. 18, Executive Magistrate Girindra Narayan Thakur came to hospital and recorded his dying declaration (Ext. 7) and after 2.30 p.m. his condition deteriorated and finally at about 6.00 p.m. he succumbed to his injuries.

(3.) Fardbeyan (Ext. 4) of Madan Kumar Sinha recorded by P.W. 20 was forwarded to officer Incharge Shyampur Bhataha for institution of a case and for investigation. On that basis a formal F.I.R. (Ext. 4/1) was drawn up and Shyampur Bhataha P. S. Case No. 43 of 1984 was registered by the police under Sections 147, 341, 324 and 326 of the Indian Penal Code against three named appellants and the police after due investigation submitted charge-sheet against all six appellants and after cognizance and commitment, they were put on trial and were convicted as aforesaid.