SUVUKLAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.2.87 passed by 5th Addl. Sessions Judge, Munger in S.T. No. 106 of 1984 convicting and sentencing all the four appellants to undergo imprisonment for life under Sections 302/34 of the Indian Penal Code (hereinafter to be referred to as 'the Code').

(2.) The case of the prosecution in short is that on 23.8.83 Medi Singh, deceased brother of informant Nakchedi Singh (P.W. 4) had gone to see his field situated towards north of village Sirsia Bandh. At that time, the informant was at his Basa (a sitting place). At about 3.00 p.m., the informant heard hulla and when he ran towards the direction from where hulla was coming he found that all the four appellants were assaulting his brother Medi Singh with lathis in a field situated towards north of his basa. He also found that the appellants had let their buffaloes enter in his field where Channi and Kelai crops had been grown. On hearing hulla, the informant along with his villagers namely Mahendra Singh (P.W. 1), Dileshwar Singh (P.W. 2), Kamleshwar Singh (not examined), Dhoria Yadav (not examined and others ran to the place of occurrence and found that his brother Medi Singh after receiving injuries was lying down on the ground. The appellants on seeing the informant and witnesses fled away along with their buffaloes. When the informant went near his brother Medi Singh, he told him that all the four appellants had assaulted him with lathis. Later on the informant came to know that the buffaloes of appellants had entered his field and when his brother Medi Singh had driven out those buffaloes the appellants assaulted him with lathis. Medi Singh became unconscious and he was then taken to State Dispensary, Khagaria for treatment where on the same day at about 11.45 p.m. the fardbeyan (Ext. 3) of informant was recorded by S.I. Sri R.S. Singh of Khagaria police station (not examined). On the basis, of fardbeyan of informant a case by drawing an F.I.R. under Sections 323/325/307 of the Code was registered against all the four appellants. On the next date, the injured Medi Singh succumbed to injuries in the hospital and thereafter Section 302 of the Code was added to the instant case. After investigation, the police submitted charge -sheet against all the four appellants under Section 302/34 of the Code.

(3.) After cognizance the case was committed to the Court of Session where charge under Sections 302/34 of the Code was framed against the appellants who denied the charge. The case of the appellants before the Court below was that deceased Medi Singh was a veteran criminal involved in a number of cases of dacoity and he was most probably received injuries while committing dacoity or at the time of sharing the booty of dacoity and the appellants have been falsely implicated in this case because of informant's enmity with them on account of land dispute. After the trial the appellants were found guilty under Section 302/34 of the Code and were convicted and sentenced as indicated above.