KRIM SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order of conviction and sentence dated 6.7.91 and 8.7.91 respectively, passed by the learned 2nd Addl. Sessions Judge. Gumla. in S.T. No. 173/1988 (G.R. No. 370/88), convicting and sentencing them under Section 302/149, IPC, to go R.I. for life and the appellant, Krim Singh had further been convicted and sentenced under Section 307, IPC, to go R.I. for 10 years. In the case of Krim Singh it was ordered that both the sentences will run concurrently.

(2.) P .W. 1, Chamra Singh, informant, alleged that he alongwith his family JT members was at home at village Rakamsera and was taking meal alongwith Rambilash Singh. The appellant, Sadhu Singh went to him and asked that all the three brothers have to go to attend a meeting scheduled to be held in the house of the appellant, Mohan Singh. The informant alongwith his younger brother, Rambilash Singh (since deceased) went to the house of Mohan Singh. He saw that Titangu Singh and Mohan Singh were quarrelling there. When they reached there then the appellants, Sadhu Singh, Krim Singh and Mohan Singh said that "they have come; assault them". When the informant heard, then he, his younger brother, Rambilash Singh, Titangu Singh and Sibu Singh fled away. They were chased by Krim Singh, Sadhu Singh, Mohan Singh, Shankar Singh, Radhe Singh, Deo Mohan Singh, Kameshwar Singh, Kaleshwar Singh, Kalinga Singh and Balo Singh. The appellant, Sadhu Singh had Balua who gave Balua blow on the right upper knee of Rambilash Singh, cutting the leg completely. The appellant, Krim Singh, assaulted with Tangi on the head of Nanhku Singh causing bleeding injuries. Both the injured fell down. Thereafter, Mohan Singh, Shankar Singh, Radha Singh, Deo Mohan Singh, Kameshwar Singh, Kaleshwar Singh, Kalinder Singh and Balo Singh gave Lalkar to assault. But when they saw the villagers, they fled away. The informant brought his injured brother, Rambilash Singh to his home where he died within half an hour. The alleged occurrence took place only because Nanku Singh had a maid -servant who was allured by Mohan Singh to work in his home. Due to that maid -servant, Sibu Singh, son of Nanku Singh and Mohan Singh had altercation on the last Thursday. Due to that reason appellants armed with deadly weapons assaulted Rambilash to his death. They also assaulted Nanku Singh.

(3.) IN this present case the eye -witnesses are PW -1 , informant, Chamra Singh, PW -2, Lurka Singh, PW -3, Nanku Singh, PW -4, Ganesh Singh and PW -9, Fulo Devi, mother of the deceased. PW -1, Chamra Singh, in the FIR which was not brought into record by proving it, has stated that as soon as he alongwith his brother, Rambilash Singh, reached to the house of Mohan Singh, then he found Titangu Singh and Mohan Singh quarrelling. Sadhu Singh, Krim Singh and Mohan Singh saw the informant and his brother and then they said that "the informant and his brother have come assault them". Hearing this, the informant and his brother fled away who were chased by Krim Singh, Sadhu Singh, Mohan Singh, Shankar Singh, Radha Singh', Deo Mohan Singh, Kameshwar Singh, Kaleshwar Singh, Kalinder Singh and Balo Singh. He has alleged only against Sadhu Singh who had Balua and assaulted Rambilash Singh on the upper part of the right knee, completely cutting the leg of Rambilash Singh. When the leg of Rambilash Singh was completely cut he fell down and was tossing. Krim Singh gave Tangi blow on the head of Nanku Singh who sustained bleeding injury and fell down. The other appellants, Mohan Singh, Shankar Singh, Radhe Singh, Deo Mohan Singh, Kameshwar Singh, Kaleshwar Singh, Kalinder Singh and Balo Singh were simply giving a Lalkar to assault but due to arrival of the villagers no further assault could be made on the person of Rambilash Singh and Nanku Singh. PW -1, informant, Chamra Singh, in his evidence has deposed that when they were fleeing away the appellants chased them. The appellant, Sadhu Singh, gave a Balua blow on the leg of Rambilash Singh cutting the leg completely. The injured, Rambilash Singh, fell down then Krim Singh gave a Tangi blow on his head. Thereafter, he became unconscious. The informant, PW1, has not alleged anything against the appellant, Krim Singh, regarding any Tangi blow given by him on the head of Nanku Singh. He has further deposed that Mohan Singh had Lathi who is non -assailant either to the deceased, Rambilash Singh or Nanku Singh. The appellant, Krim Singh had Tangi and the appellant, Sadhu Singh had Balua. The other eight appellants were emptyhanded. After assaulting Rambilash Singh and Nanku Singh all the appellants fled away. Subsequently the informant, PW -1, has stated that Krim Singh gave a Tangi blow of Nanku Singh. As per the evidence of this witness a meeting was called in the house of Mohan Singh. All the male members of the village had assembled there. As soon as the informant and his brother, Rambilash Singh, entered into the house of Mohan Singh, then there was a Lalkar to assault them. All the persons who had assembled there including the informant, his deceased brother, Rambilash Singh, Nanku Singh and others fled away. In which direction they fled, it cannot be said as it was dark night. He also could not see as to who fell down and where. Again he has stated that when the informant, his brother, Rambilash Singh and Nanku Singh were near the house of Nanku Singh then Nanku Singh was given a Tangi blow by throwing the Tangi. Again he has deposed that at that time Rambilash Singh snatched the Balua from the hand of Sadhu Singh. Next day the informant took the Tangi and the Balua and handed over to the Police. This informant has admitted that the appellant, Mohan Singh, had also instituted a case against Sibu Singh Lurka Singh and others which is still pending regarding the alleged assault given by Sibu Singh with Tangi to Mohan Singh, PW -2, Lurka Singh, brother of the informant, had also gone to the house of Mohan Singh to attend the meeting. As soon as they reached there the appellants gave an order to assault them. This witness has also stated that when he and other brothers inCluding the informant started fleeing away then the appellant, Sadhu Singh, Krim Singh, Mohan Singh, Shankar Singh, Kameshwar Singh, Kaleshwar Singh, Dev Mohan Singh, Kalindi Singh, Balo Singh and Radhe chased them. When Rambilash Singh fell down in course of running then Sadhu Singh gave a Balua blow on the leg of Rambilash Singh which cut completely. The appellant, Krim Singh, gave a Tangi blow to Nanku Singh. Nanku Singh also fell down on being injured. Injured, Rambilash Singh, was taken to home who died within half an hour. He has also stated that the genesis of the alleged occurrence was only due to alluring of the maid -servant of Nanku Singh by the appellant Mohan Singh to do his domestic work. This witness had also disposed that the. I.O. went to the village, prepared the inquest report, seized bloodstained soil and prepared the seizure -lis, of blood -stained Tangi ard Balua on which this witness gave his L.T.I. About 50 -100 persons were attending the meeting. When an order of assault was given, then, all persons started fleeing away towards their respective homes as it was dark night. The informant and his other brothers went to the home and were standing outside the door. When Nanku Singh came out of his house then he was given a Tangi blow by the appellant, Krim Singh, by throwing the Tangi, resulting injury on his head. PW -3 is the injured, Nanku Singh, who had also gone to attend the meeting called by Mohan Singh in his house. All the appellants were present there among the other villagers. The appellant, Mohan Singh, ordered to assault them. Then this witness and other brothers including the informant fled away. They were chased by the appellants, Dev Mohan Singh, Kaleshwar Singh, Kameshwar Singh, Mohan Singh, Shankar Singh, Sadhu Singh, Krim Singh, Kalinda Singh, Balo Singh and Radha Singh. The appellant, Sadhu Singh, gave a Balua blow on the leg of Rambilash Singh. On being injured Rambilash Singh fell down. This witness Nanku Singh was given a Tangi blow by Krim Singh on his head and eye. On being injured he also fell down and became unconscious. He has not stated that Krim Singh assaulted him with Tangi by throwing it on his person. Thus, he contradicts the evidence of his brothers, PWs - 1 and 2. Moreover, if the Tangi had been thrown then this witness would have sustained only one Tangi injury on his person but, PW -7, Dr. R. K. Beck, examined this witness, Nanku Singh on 6.7.88 at 6.30 A.M. and found (1) Incised wound 1.5" x 1/4" x 1/4" on the forehead and (2) Incised wound 3/4" x 1/4" x 1/2" on the left elbow. Both the injuries were caused by sharp cutting weapons such as Balua and Tangi within six hours from the time of examination. He issued injury -report, Ext.2 and found both the injuries to be simple in nature. The Doctor opined that both the injuries are possible by fall on thorny bush.