SATYENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals and the criminal revision are directed against the judgment of the Sessions Judge, Nalanda at Biharsharif dated 31st July, 1989 in Sessions Trial No. 325 of 1988. Criminal Appeal No, 423 of 1989 has been preferred by Satyendra Singh who has been sentenced to undergo rigorous imprisonment for life under Section 302. read with Section 34 of the Indian Penal Code. Criminal Appeal No. 452 of 1989 has been preferred by Arjun Singh who has been sentenced to life imprisonment under section 302 of the Indian Penal Code. Criminal Revision No. 728 of 1989 has been preferred by informant Sharnbhu Singh, P.W.3, against the acquittal of the remaining six accused persons. No appeal has been preferred by the State against the acquittal of the said opposite parties in the criminal revision.

(2.) AN occurrence is said to have taken place at village Laluadih within the jurisdiction of police station Harnaut at about 10 a.m. on 4th of September, 1987 in which Binod Singh son of the informant Shambhu Singh, P.W.3, is alleged to have been killed by the eight named accused persons who came variously armed with fire arms and other weapons, which was witnessed by the informant as well as other witnesses. Soon after the occurrence, the informant, P.W.3, along with Chandrika Singh, P.W.1, and Dharamdeo Singh, P.W.4, left for Police Station Harnaut to lodge a report. The said police station is at a distance of about 18 kms. from the village of occurrence. As it appears from the evidence of the informant, P.W.3, they first crossed the river by boat and thereafter they waited for a train at Karauta. Since they could not get a train immediately, they proceeded to Harnaut in a trailor. On reaching the police station they found that the Officer -Incharge was not there, but when the Officer Incharge P.W.9, Sub -inspector Vijay Kumar Yadav, came there at about 3 p.m., Shambhu Singh, P.W.3 lodged his report which was witnessed by the other two witnesses, namely, Chandrika Singh, P.W.1 and Dharamdeo Singh, P.W. 4. On the basis of the said report, a formal first information report was drawn up and P.W.9 took up investigation and proceeded to the village of occurrence at about 3.30 p.m. He reached the village of occurrence at about 7.15 p.m. and recorded the statements of witnesses. He also prepared the inquest report and a sketch plan of the place of the occurrence. P.W.9 handed over investigation of the case to Ram Pravesh Singh, Officer Incharge who only submitted a charge sheet in the case.

(3.) THE prosecution has examined 10 witnesses to prove its case. P.W.3 Shambhu Singh is the informant while P. W.2 Bharat Singh is his son. The other three eye witnesses are Chandrika Singh, P.W.1, Dharamdeo Singh, P.W. 4. and Lalla Singh, P.W.7, Rama Kant Singh, P.W.5 is a witness to the inquest report. Dr, Ram Pratap Singh conducted a post mortem examination on the dead body of the deceased. Sub -Inspector Vijay Kumar Yadav, P. W.9 is the Investigating Officer of the case. The other Investigating officer to whom P.W.9 handed over charge is Ram Pravesh Singh, P.W.8 who it appears only submitted a charge sheet in the case. P.W.10 I. Akada was required to produce the material exhibits in the case, but he stated that those material exhibits had been destroyed by rain and floods, and were not available.