NABIN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 19-8-2000 passed in Sessions Trial No.221 of 1998, whereby and whereunder the learned Sessions Judge, Singhbhum West at Chaibasa held the appellant guilty under Section 302 IPC and convicted and sentenced him to undergo RI for life and further sentenced him to undergo RI for three years under Section 27 of the Arms Act.

(2.) Brief facts leading to this appeal are that one Nagendra Singh, constable No.29 of Chaibasa police line was taking food in mess No.4 along with other constables including deceased Sunil Kumar Singh, constable No.213 in the evening of 17.10.97 . It is further stated that at about 9.15 PM Havaldar Ramanand Singh, constables Dinesh Sharma and Karjanand Singh reached there and asked the deceased Sunil Kumar Singh to come aside. According to the informant, deceased left his food and went along with them towards Barrack No.5. It is further alleged that after 3-4 minutes a sound of fire was heard, on which all the constables present in the mess rushed towards Barrack No. 5 to find constable Sunil Kumar Singh lying injured towards northern door of Barrack No.5. It is further asserted that appellant Nabin Kumar Singh, constable No. 768, was standing there with his rifle. According to the informant as many constables arrived there, appellant Nabin Kumar Singh fled away towards south. The injured Sunil was rushed to Sadar Hospital Chaibasa, where he was declared dead. According to the informant, in the morning of 17-10-97 one Rubi Kumari, daughter of Havildar Devendra Singh was teased by constable Harendra Prasad Sao and constable Bikasandu Tripathy, for which an altercation took place. It is further stated that the deceased Sunil Kumar Singh, who was neighbour of said Rubi Kumari, has taken active part in the said altercation and assaulted by Bikasandu and Harendra and Nabin Kumar Singh, the appellant, has taken their side . As such, this occurrence took place. It is also asserted that Nabin Kumar Singh used his rifle in commission of the offence.

(3.) The statement of Nagendra Singh was recorded by O.C. Sadar P.S. at 9.50 PM and Sadar P.S. Case No.94/97 was registered under Sections 302/120B IPC and 27 of the Arms Act against four persons including the appellant. The police investigated the case and finally submitted chargesheet against all the four accused persons under Sections 302/120B IPC. The case was committed to the Court of Sessions where charge was framed on 7-11-98 against all the four accused under Sections 120B IPC and alone the appellant under Section 302 IPC and 27 of the Arms Act. The accused persons pleaded not guilty and claimed false prosecution. The trial Court after examining witnesses ultimately acquitted the three accused persons, namely, Harendra Sao, Ramanand Singh and Bikasandu Tripathy from the charge under Section 120B IPC but found and held this appellant guilty under Section 302 IPC and 27 of the Arms Act and sentenced him as aforesaid.