KANHAI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Appellant, Kanhai Singh has been convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life by the judgment and order dated 4th October, 1986 of the IVth Addl. District and Sessions Judge, Patna, in S.T. No. 336/81. Co -accused Ramayan Singh died during the pendency of the trial.

(2.) The prosecution case, in brief, is that in his ferdbeyan (Ext. 3), which was recorded at 12.30 in the night on 21.5.79, at the place of occurrence at village Khaprail Chak, P.S. Phulwari Sharif, District Patna, the informant, Sampat Sao (P.W. 4) stated that at about 11 in the night on 20.5.79, while he was preparing to retire in bed, he heard gun -firing shot. He along with his nephew Gopal Sao (P.W. 1) came out of house. They heard the cry of Shiv Narain Sao (deceased), brother of the informant "Dauro Ho, Kanhai Singh and Ramayan Singh are killing me." They rushed towards east and saw in the electric light the accused persons running towards north. They indentified them. Accused Ramayan Singh (since deceased) having a small country -made pistol and appellant -accused Kanhai Singh with had a lathi. In the nearby field, they found Shiv Narain Singh, lying dead and blood was oozing out from his chest. It is the further case of the prosecution that in the meantime, deceased's wife, Dulari Devi (P.W. 2) and in formant's wife, Bedami Devi (P.W. 5) and other villagers arrived at the place of occurrence. The further case of the prosecution is that the deceased Shiv Narayan Sao was returning from Patna where he had gone to sell some grains. It is further alleged that there were series of litigations pending between the deceased and the accused persons and this was the motive of the murder.

(3.) The prosecution has examined in all 8 witnesses. P.W. 6, Dr. R.B. Choudhary had conducted the post -mortem examination on the dead body of Shiv Narayan Sao and his report is Ext. 1 (a). He found the following ante -mortem injures: