MAKHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants in all these Criminal Appeals have challenged the order of conviction and sentence dated 16 -2 -1991 passed by learned 2nd Additional Sessions Judge, Jamshedpur in Sessions Trial No. 48/42 of 1984/90 whereby and whereunder appellants in Cr. Appeal No. 60/91, namely Jitendra Singh @ Jitendra Bahadur Singh and Dhirendra Pd. Singh (since dead), were convicted and sentenced to undergo imprisonment for life under Sections 302/149 IPC. These two appellants were further convicted and sentenced to undergo R.I. for seven years under Section 449 of the IPC. These two appellants and appellants Makhan Singh (in Cr. Appeal No. 48/91) and Hiralal Singh (in Cr. Appeal No. 59/91) were further convicted and sentenced to undergo R.I. for two years each for the offence under Section 148 of the IPC. The sentences in respect of appellants Jitendra Singh @ Jitendra Bahadur Singh and Dhirendra Pd. Singh (now dead) were ordered to run concurrently. However, all the appellants in these three appeals we're acquitted from the charge under Section 307/149 IPC.

(2.) THE written information (Ext 3) of the informant Awatar Singh is the basis of this present case alleging therein that when he returned to his Quarter No. 41, Gandak Road, Tin Plate on 31 -5 -1977 at 10.30 p.m. from Sakchi after clearing the accounts of his Bus and was likely to come out of his car, then accused Ranjit Singh alias Jita (since dead prior to commitment of the case), his brother Makhan Singh (appellant in Cr. A. No. 48 of 1991), Jitendra Singh, Dhirendra Singh) [(since dead) appellants in Cr. Appeal No. 60 of 1991 ], Chandra Shekhar Singh (since dead during the course of trial), Hiralal Singh (appellant in Cr. Appeal No. 59/91) and 3 -4 others, armed with Bhala, Sword and Bhujali, surrounded his car. Ranjit -Singh @ Jita said that his (informant's) sister had gone to demand money, so he would teach him the manner of realizing money. Soon thereafter, Jita with Bhujali in one hand and with another hand he tried to pull out informant Awatar Singh from his car. 2 -3 out of them hit on the roof of the car with Bhujali. Jitendra Singh, Dhirendra Singh, Hiralal Singh and Chandra Shekhar Singh, who had Bhala, Bhujali and Sword, entered into the garden of his house and started assaulting on the persons who were sleeping there on cots. Jitendra Singh gave a Bhala blow on the abdomen of Swarna Singh. Surendra Kaur, sister of the informant, went to save her husband Swarna Singh, and Chandra Shekhar Singh gave Bhala -blow causing injury on her left thing. Informant's mother also proceeded towards the informant, then Ranjit Singh hurled Bhujali causing injury on her left palm. The alleged occurrence was witnessed by,Jarnail Singh (PW -2), Labh Singh (not examined) and many other neighbours who had come out of their houses on hearing alarms. The alleged occurrence took place only because informant's sister had advanced a loan of Rs. 1500/ - to the mother of Ranjit Singh. She had gone to demand that loan in the noon on that very day. Mother of RAnjit Singh @ Jita became angry and abused her. Sister of the informant returned to her house telling that his brother will realize the amount from her. Due to that reason, Ranjit Singh @ Jita alongwith his associates - -the other appellants committed the alleged occurrence. The informant took all the injured to the Police Station from where the injured were sent for treatment to Government hospital. At the Police Station itself, informant submitted his written report (Ext. 3) at 11.00 p.m., on the basis of which, a case was registered and a formal FIR (Ext 11) was drawn. Charges under Sections 148, 449 and 302/149 IPC were framed against all the appellants. Further, charge under Section 302 IPC was framed against appellant Jitendra Singh (in Cr. Appeal No. 60/91).

(3.) PW -1 Mahendra Kaur is the sister of informant (PW -6) Awatar Singh and wife of PW -2 Jarnail Singh. All these three witnesses are the eye -witnesses of the alleged occurrence. Besides these three witnesses, PW -7 Surendra Kaur, wife of the deceased Swarna Singh is also the eye -witnesses who has also sustained injuries. PW -3 Swaroop Singh is an independent eye -witness who had come out of his house for a walk after taking dinner and saw the alleged occurrence. PW -4 Dr. Prem Kumar Sinha examined the injured, namely Surendra Kaur (PW -7) and Gyan Kaur, PW -5 Bhajan Singh is the witness of the inquest report (Ext. 8) prepared by the I.O. on the dead -body of Swarna Singh. PW -8 Majib Ur Rehman is a formal witness who has proved entry in the Indoor Surgical Admission Register dated 26 -4 -1977 in the pen of the then House Surgeon B.P. Panjiyar (Ext 4), Indoor Bed -head Ticket in the pen of the then House Surgeon D.P. Gupta (Ext. 5) and also some portion written by Dr. J.N. Dandopadhaya (Ext. 5/1) and Dr. D.P. Sinha (Ext. 5/2). The inquest report (Ext. 8) was prepared in the pen of Dr. Shamim Ahmed who is now not available, as he has gone to Saudi Arabia. PW -9 Shyam Lal Shah, formal witness, has proved endorsement on summon in the pen of constable Ram Narayan Dubey, (Ext. 2/2) and signature of the O/C, Golmuri PS (Ext. 2/3) on it. PW -10 Shankar Sah has proved the Entry No. 562 at page 19 dated 3 -6 -1977 in the pen of late B.M. Jena on the Death Register of T.M.H. (Ext. 2/4). PW. 11 Dr. J.P. Choudhary has proved the post -mortem report (Ext. 6) in the pen and signature of Dr. M.S. Ahmed who had conducted the post -mortem examination. It is relevant to mention here that Dr. M.S. Ahmad was not available for his evidence as he had gone to Saudi Arabia. The injuries were found ante -mortem in nature and the death is possible due to excessive bleeding. PW -12 Girish Chandra Mandal and PW -13 Jawahar Singh are the I.Os. of this case, whereas PW -14 Ramesh Kumar Yadav proved the report in the pen and signature of M.V.I. S.N. Choudhary (Ext 16).