MADAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are as many as 13 appellants in this appeal, who are all residents of village Koachgaon, P. S. Warsaliganj in the district of Nawadah. On 9.2.1979 in the evening Braj Nandan Singh of village Koachgaon was brutally murdered near his village while he was returning from Warsaliganj Railway Station in the company of Shyam Kishore Singh, Balmiki Singh and Baso Singh. The murder took place in village Peela Manjhi which is close to the village of the deceased and the witnesses examined in this case.

(2.) He was returning to his village late in the evening. On the way he met Ram Sanehi Singh, who disclosed that Braj Nandan Singh has been murdered and that the appellants were responsible for the occurrence. Ram Sanehi Singh his own brother of Tanik Prasad Singh. Ram Sanehi Singh is also not witness to the occurrence. Tanik Prasad Singh without going to the place of occurrence asked Ram Sanehi Singh to return to his village and he himself went to the Police Station and gave written report. Then he came along with the Officer -in -Charge at the place where the dead body of Braj Nandan Singh was lying.

(3.) BACHCHA Singh, a co -villager of the deceased had got down from train at 7.30 P.M. at Warsaliganj Railway Station. He met the deceased Braj Nandan Singh, Shyam Kishore Singh, Bhaso Singh and Balmiki Singh on the platform and all the five persons proceeded to the village Koachgaon. On the way they reached a Canal. Bachcha Singh had urged to urinate and he stopped. Bhaso Singh proceeded ahead. The remaining three persons kept standing at the place where Bachcha Singh was urinating. Thereafter, they reached at Peela Manjhi. Road at that place was Kachcha. On the culvert, he saw three persons sitting. They were Jugal Kishore Singh, Ram Shekhar Singh and Shyam Singh. Jugal Singh caught Shyam Kishore Singh by his collar and beat him with fists and slaps. Jugal Kishore Singh was armed with saif. In the meantime, appellant Shyam Sundar Singh emerged with pistol in his hand and gave Lalkar to kill Braj Nandan Singh. Thereupon, appellant accused Jhunjhun Singh, Parsuram Singh, Devendra Singh, Madan Singh and Kanti Singh also reached there armed with Garasa. Moghal Singh, Upendra Singh, Rajniti Singh @ Toha Singh, Sudama Singh, Gauri Singh and Bilayati Singh also arrived there with Saif.