SAMBHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment and order of the 2nd Additional Sessions Judge, Bettiah dated 18.4.1994/ 19.4.1994 in sessions trial No. 295 of 1985. The sole appellant in Criminal Appeal No. 226. of 1994 is Sambhu Singh who has been sentenced to two years rigorous imprisonment under Section 324, IPC and has been directed to pay a fine of Rs. 1,000/ - and in default to suffer two months rigorous imprisonment. This appellant is alleged to have assaulted Bijali Yadav, PW 1. In criminal appeal No. 252 of 1994, there are two appellants, namely, Jag Yadav and Bali Yadav. They have been sentenced to life imprisonment under Section 302/34, IPC and also to pay a fine of Rs. 3,000/ -, and in default to undergo six months rigorous imprisonment. They are said to be the persons who committed the murder of Kewal Yadav. In criminal appeal No. 254. of 1994, there are three appellants, namely, Ambika Yadav, Indradeo Yadav and Rajendra Yadav. All of them have been sentenced to undergo rigorous imprisonment for life under Section 302/34, IPC and to pay a fine of Rs. 3,000/ - each, and in default to undergo rigorous imprisonment for six months. These three appellants are said to have committed the murder of Thag Yadav. Ambika Yadav has also been sentenced to seven years rigorous imprisonment under Section 307, IPC as he is said to have assaulted the informant Rekha Yadav with a Bhala in an attempt to murder him. Out of the fine, if collected a sum of Rs. 10,000/ - has been directed to be paid to the next of kin of the deceased and a sum of Rs. 5,000/ - to the informant, injured Rekha Yadav, PW 3. A sum of Rs. 1,000/ - is directed to be paid to injured Bijali Yadav, PW 1. One Prabhu Pathak was also charged of the offence under Sections 323 and 147, IPC for assault on Bijali Yadav, but he has been acquitted of the charges levelled against him.

(2.) IT appears that due care was not taken while framing charges and surprisingly none of the accused were charged of the offence under Section 302, IPC. They were also not charged of the offence under Section 302/109, IPC which appeared to be justified in the facts and circumstances of the case. This fact has been noticed by the Trial Court as well.

(3.) THE occurrence took place on the 16th of November, 1982, Bijali Yadav, PW 1 and Rekha Yadav PW 3 sustained injuries while two others, namely, Kewal Yadav and Thag Yadav succumbed to the injuries inflicted upon them. The earliest account of the occurrence has been disclosed in the information given by Rekha Yadav, PW 3, the informant to Sub -Inspector R.P. Sinha of Ram Nagar Police Station on 16.11.1982 at 21.30 hours at the State Dispensary, Ramnagar which was reduced to writing and has been treated as the fardbeyan in the case on the basis of which a formal first information report was recorded. The informant Rekha Yadav, PW 3 stated that he belonged to village Murla. On the date of occurrence he was going to his village from Ramnagar Bajar along with co -villagers Kewal Yadav (deceased), Gope Yadav, PW 2 and Thag Yadav (deceased) who was his brother. When they reached near the Ramnagar Shiva Temple, he was informed by Mathura Bind and Kishore Kumar Singh that his brother Bijali Yadav had been assaulted with lathis by Jag Yadav and Shambhu Singh, the Sipahis of Ramnagar Raj at the Hind Cinema. Several of the relatives and co -villagers of Bijali Yadav had come to see him. The informant went near the gate of Rajdarbar and persuaded those people who had come from the village to return to the village. Thereafter while the informant along with his companions was standing on the road near the gate of Rajdarbar, he saw Shambhu Singh, appellant, Jai Kant Ojha, and Balkila Yadav near the gate. He questioned them as to why they had assaulted his innocent brother Bijali Yadav. On being so questioned, Shambhu Singh, appellant, and Jaikant Ojha threatened him and asked them to go away. Thereafter, the informant and his companions started moving away. Just then, appellant Ambika Yadav, Jag Yadav, Bali Yadav, Rajendra Yadav and Indradeo Yadav came variously armed with lathies, Bhalas, Garasas and Barchhi and surrounded them. The appellant Ambika Yadav assaulted the informant with Barchhi which hit him on the abdomen and caused an injury. His brother Thag Yadav, deceased, was assaulted by Ambika Yadav and also by Indradeo Yadav and Rajendra Yadav with lathi and Garasa and as a result of the injuries inflicted upon him, Thag Yadav fell down there. The informant along with others ran away towards his village. On the way, he met Bhim Singh and several others who had come running. In their company, he went back to the place of occurrence to see his brother Thag Yadav. By then the assailants had run away. He found his brother Thag Yadav and Kewal Yadav lying injured on the pitch road to the north of the Darbar gate and south of a Khajoor tree. The intestines of Kewal Yadav had come out and he was writhing in pain. On being asked, Kewal Yadav told him that appellants Jag Yadav and Bali Yadav had assaulted him with Bhala. The informant came running to the Police Station and met the I.O. In the meantime, Thag Yadav and Kewal Yadav had been removed to the hospital for treatment on a tractor by the villagers. The occurrence took place at about 8.30 p.m. a little before the Cinema show was over.