LALJEE SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) APPELLANTS Radha Singh alias Ragho Singh (Cr. Appeal No. 139 of 1991) and Sudama Mistry (Cr. Appeal No. 131 of 1991) have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The other appellant, namely, Lalji Singh, Ram Prasad Singh and Rajendra Mistry (Cr. Appeal No. 131 of 1991) have been convicted under Section 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. All the appellants have further been convicted under Sections 452 and 148 of the Indian Penal Code but no separate sentence has been awarded under these counts. Similarly Lalji Singh has further been convicted under Section 380 of the Indian Penal Code whereas others have been convicted under Section 380/149 of the Indian Penal Code but no separate sentence has been passed under those Sections.

(2.) THE prosecution case, as per the statement (Ext.4) of the informant Radhika Singh (PW 7) recorded on 26.7.1987 at 7.15 a.m. is that on 25.7.1987 in the night at about 9.00 p.m. he was sitting on the Dhaba along with his Fyfe Nihora Singh, Fufu Bulki Devi (PW 6), mother Pushpa Devi (PW 4). grand -mother Bouran Devi, Grand -father Harihar Singh, sister Dilamati Kumari, brother Girja Singh and little children. Dilawati Kumari was cooking the food. At that time the door was opened. Appellants Radha Singh alias Ragho Singh Lillie Singh, Ram Ram Prasad Singh, Sudama Mistry, Rajendra Mistry, along with two unknown persons, armed with small pistols and torches, reached there. The unknown two criminals had big guns in their hands. Lantern was burning in the room and Dhibri was burning in the Dhaba. Radha Singh alias Ragho Singh enquired from the informant Radhika Singh as to whether Mohan Singh, who is in service, had come to home or not and slapped him twice. When he did not reply then Sudama Mistry went to Harihar Singh and assaulted him and asked as to where his son Mohan had gone. In the Dhaba Ram Prasad Singh and Rajendra Mistry (appellants) remained near the informant and others. Radha Singh alias Ragho Singh tied their hands with rope from behind. Thereafter, Radha Singh alias Ragho Singh entered into the room in search of Mohan Singh, asking that he is in service and maintaining the family members otherwise the family members would have died of hunger. He also asked the other associates to search Mohan Singh and to kill him. When Mohan Singh was not found, then Radha Singh alias Ragho Singh threatened Harihar Singh on the point of country made pistol to cause his murder only because he is Ojha and fired at him. Lalji Singh appellant took away utensils i.e. Ful Thali -5, Lata -4 and Batua -4. Thereafter he handed over those utensils to his associates. They also threatened the inmates of the family that if they would raise any Hulla, they will cause their murder also. In course of leaving the home of the informant, they locked the door. The informant saw that his grand -father Harihar Singh had sustained injury by the side of his nose and had died. The alleged occurrence took place only because the appellants were saying Harihar Singh to be an Ojha. In the year, 1984 also appellants Radha Singh, Ram Prasad Singh and Lalji Singh had assaulted Mohan Singh. They had also threatened Harihar Singh and Mohan Singh to cause their murders. The appellants had entered with an intention to cause the murder of Mohan Singh. On search when Mohan Singh was not found in the home, as he had not returned from his service place at Daltonganj, then they caused murder of Harihar Singh. From the space of northern side of Dhaba he came out and unlocked the chain of the door. As it was night hence out of fear he did not go anywhere. In the morning he went to Daltonganj to inform his uncle Mohan Singh and thereafter, they went to the police station and informed the police. His statement was recorded on which he signed (Ext.2) and it was also signed by Mohan Singh (Ext. 2/1 ).

(3.) DR . Krishna Murari Sah (PW 1) on 26.7.1987 at 3.45 p.m. conducted the postmortem examination on the dead body of Harihar Singh and found