RAMJI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 302 of the Indian Penal Code for committing murder of his related Grand -father, namely, Rajnath Singh in Sessions Trial No. 99 of 1988 (76/88) by the then 5th Additional Sessions Judge, Patna. The conviction was held under Section 302, IPC read with Section 27 of the Arms Act and he has been sentenced to rigorous imprisonment for life under Section 302, IPC but no separate sentence has been passed under Secton 27 of the Arms Act.

(2.) THE accused -appellant Ramji Singh happens to be the grand -son the brother of the deceased Rajnath Singh and the Informant Mohan Singh PW -5 happens to be the husband of grand -daughter of the deceased Rajnath Singh through his daughter. The deceased Rajnath Singh alias Ram Singh was the resident of village Birju Bigha under Gaurichak P.S. while the Informant Mohan Singh is the resident of another village Sampatchak.

(3.) THE prosecution case is that the deceased Rajnath Singh alias Ram Singh had no other relations of his own leaving at the relevant time of occurrence and being an old man he used to reside at village Sampatchak along with his grand -daughter and her husband and occasionally he used to come to his own village at Birju Bigha for cultivation of his land which measured about 14 to 15 bighas. It appears that the deceased was very much attached to the Informant Mohan Singh and his wife as the wife of Mohan Singh is the only own blood relation of the deceased being the daughters daughter. The occurrence took place on 12 -11 -1986 in the morning hours at about 6.30 a.m. As per the prosecution case on the previous date of occurrence, the deceased came to the village Birju Bigha for the purpose of transplanation in his land and he was accompanied by the Informant Mohan Singh and another Sakaldeo Singh PW -4. On the date of occurrence in the morning hours, the deceased being accompanied by Mohan Singh and Sakaldeo Singh proceeded towards the field for the purpose of easing. The deceased was ahead of all having lathi and danda in his hand. Mohan Singh and Sakaldeo Singh were behind him about 12 to 13 yards back. When they reached in the secluded place near the bel tree then all of a sudden the accused -appellant Ramji Singh came out from the bushes behing the bel tree and started firing on the deceased Rajnath Singh. On seeing this the Informant Mohan Singh and Sakaldeo Singh fled away from the place of occurrence raising alarm and hulla. On hearing the sound of firing and the hulla raised by the Informant and Sakaldeo Singh, villagers, namely, PW -1 Vidya Nand Singh his son PW -2 Vijay Singh and PW -3 Shyam Babu Singh who were also in the nearby place came to the place of occurrence and saw the accused -appellant fleeing away being armed with fire -arms. It was also the prosecution case that the accused -appellant while fleeing away threatened the witnesses that if he is entrangled in the murder case then all will be faced with dire consequences. It has also come on record that this accused -appellant had already been prosecuted for comitting murder of his own uncle Tulsi Singh and he was facing trial in that case when the present case was being tried. There was also a further criminal case against the accused -appellant when he trespassed and grabbed the house of Tulsi Singh and only on the Police intervention the house could be recovered from the illegal possession of the accused -appellant. Police came to the spot at about 10 a.m. on hearing a rumour that a man was killed in the village Birju Bigha and at the village Mohan Singh PW -5 made a fardbeyan giving a vivid description about the whole occurrence. On the basis of the fardbeyan a Police case was registered and then investigation was held. During the course of investigation inquest was held over the dead body which was lying at the place of occurrence in the secluded place near the bel tree and then dead body was sent for autopsy. Accused appellant was arrested and after conclusion of investigation charge -sheet was submitted against the accused -appellant under Section 302 of the Indian Penal Code read with Section 27 of the Arms Act. On being committed to the Sessions vide order dated 20 -4 -1989 charges were framed against the accused -appellant under the same Sections of the penal provisions and when the same was read over and explained to the accused -appellant, he pleaded not guilty.