DEO NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the abovementioned seven convicted appellants against the judgment and order, dated 10.3.1989 passed by the then Sessions Judge, Katibar, in Sessions Trial No. 31/82, whereby and whereunder, all the accused-appellants have been convicted under Sections 147/379/109 of the Indian Penal Code and sentenced to rigorous imprisonment for three years under Sections 379/109 of the Indian Penal Code and one year under Section 147 of the Indian Penal Code. The accused-appellant Yogendra Prasad Singh and Surya Narain Singh have further been convicted under Section 148 of the Indian Penal Code and sentenced the same award as mentioned above.

(2.) As per the informant's case on 7.4.1978, the accused-appellants along with 21 others have formed an unlawful assembly being armed with weapons and came to the place of informant party at Kosban jalkar and in the process they made an attempt to commit murder of the informant and also took away kambal, dari etc., from the hutment of the informant party for fishing in the jalkar. Police after investigation submitted charge-sheet under Sections 307/34/148/149/ 379 of the Indian Penal Code. On being committed to the sessions, charges were framed under the said Sections of the Indian Penal Code against the accused- persons and the trial commenced. In total seven witnesses were examined on behalf of the prosecution including the informant Ranjit Singh himself together with his uncle Laxman Singh.

(3.) The defence case is that the jalkar in question was settled with the informant party for the year 1977-78 which expired on 31.3.1978 and before expiry the jalkar was settled with appellant No. 4, Arun Kumar Singh as highest bidder and such settlement was made on 30.3.1978. At the time of settlement ot the jalkar objections were raised from the side of the informant party but, authorities had turned down such objections. Against the settlement, an appeal was preferred by the uncle of the informant i.e., Laxman Singh to the effect that due to natural calamity the informant party could not catch fish for the whole year of 1977-78 and as such they should be given chance to fish in the next year i.e., 1978-79. But, no stay order was passed in the appeal. These facts could be gathered as is proved from different papers filed by both the parties in paras 14 and 15 of the impugned judgment. By filing appeal the informant party remained in the jalkar area and were determined not to allow the accused-appellants to fish on the basis of their settlement. Already Arun Kumar Singh made an application before the SDO regarding such apprehension and two proceedings were drawn under Sections 144 and 107 of the Code of Criminal Procedure by the Executing Magistrate. When the accused party came to fish in the jalkar area, it has been alleged from the complainant party that their hutments were being ransacked and kambal, dari etc., keep in the hutments had been taken away by the accused-persons without naming as to, who had taken away those. There was also allegation that weapon was aimed towards the informant Ranjit Singh, but, the same was not ultimately used at the intervention of the elderly persons of both the parties.