PARMANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred By the appellants named above against the impugned judgment and order dated 2.4.1996 passed in Sessions Trial No.672 of 1991 by Smt. Shakuntala Sinha, Additional Judicial Commissioner, Khunti whereby and whereunder both the appellants were found guilty and convicted for the offence punishable under Section 302/34, IPC and they were sentenced to undergo R.I. for life and also to pay a fine of Rs. 5,000/- each and in default thereof to further undergo R.I. for one year each. However, they have been acquitted for the offence under Sections 323 and 379, IPC and accused Jaggu Lohar was acquitted for the offence under Sections 302/34, 323 and 379, IPC.

(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 7) of PW 3, Kamla Devi, the informant and the daughter of deceased Ratan Singh and brother of deceased Mahadeo Singh of this case recorded by S.I., S.Tigga of Torpa P.S. at Referral Hospital, Torpa on 23.6.1991 at 11.30 hours regarding the occurrence which is said to have taken place on that very day at 6.45 a.m. in the Chandalbera field at Village Sunagi, P.S. Karra, District Ranchi.

(3.) The prosecution case, in brief, is that Ratan Singh and Mahadeo Singh, the father and brother respectively of PW 3 the informant, had gone to plough their Chandalbera land near Village Sunagi on 23.6.1991 at 6.00 hours and had asked the informant to come to the said field with tea. It is alleged that the informant went to the said field at 6.45 a.m. with tea and she saw Ganjan Singh and appellant Churaman Singh both armed with tangi, appellant Parmanand Singh armed with balua, Jaggu Lohar armed with danta fixed with iron, wife of Ganjan Singh armed with balam and one unknown woman armed with dagger, all residents of Village Sunagi and they had assaulted Ratan Singh and Mahadeo Singh aforesaid by their respective arms and both fell in the said field. It is alleged that Ratan Singh died in the said field and Mahadeo Singh was unconscious there and the informant called his brother PW 6, Charku Singh, who was getting his he-buffalo grazing in the field to bring a cycle It is alleged that PW 6, Charku Singh ran to his hpuse and came with the cycle along with one Aklu Singh. The prosecution case further is that several persons of Village Sunagi came to the said field variously armed and they attempted to assault the brother of the informant and this informant intervened and protested to them against any further assault on his brother and at this the wife of Ganjan Singh and one unknown person assaulted her on her head by danta and on her entreaty and apology they went away and took away with them the cycle and plough from there. Thereafter Aklu Singh aforesaid and others brought Ratan Singh deceased and Mahadeo Singh to their house from the place of the occurrence and the village chaukidar was intimated to inform the P.S. concerned it is also alleged that the informant and PW 6, Charku Singh along with Aklu Singh brought Mahadeo Singh aforesaid to Torpa Hospital for treatment. The prosecution case further is that the genesis of the occurrence is the land dispute between the deceased Ratan Singh and Ganjan Singh and his family members and twice decree has been passed in respect of the said land in favour of the deceased but Ganjan Singh is not obeying the said decree and for this they assaulted Ratan Singh and Mahadeo Singh, Mahadeo Singh aforesaid also died in the way while being taken to RMCH from Torpa Hospital.