KAPIL DEV SINGH Vs. STATE OF JARKHAND

JUDGEMENT

(1.) APPELLANTS have preferred the instant appeal against the judgment of their conviction and sentence dated 17. 7. 2003 passed by the Additional sessions Judge, 1st Fast Track Court, giridih in Sessions Trial No. 229 of 2003, whereby appellant No. 1 Kapil Dev Singh was convicted for the offence under Section 302, IPC and Section 27 of the Arms Act and the appellants No. 2 and 3 Prabhu Singh and Surendra Singh were convicted for the offence under Section 302/149, IPC and all the three appellants were sentenced to undergo imprisonment for life. The appellants along with nine others had faced trial and tried for the offence punishable under Sections 147, 148, 323, 324, 307 and 302, IPC and Section 27 of the Arms Act.

(2.) CASE against the appellants was instituted on the basis of the First Information report lodged on 28. 5. 1988 at about 8. 00 p. m. by the informant Kailash Yadav (PW6 ). Allegations in the FIR stated inter alia that on 28. 5. 1988 at about 8. 00 p. m. while the informant was at his house, he saw one ramtal Thakur dragging a bullock cart loaded with bags of cement, while Prabhu singh (A2) was pushing the cart from behind. When the cement bags were being taken away, the informant's brother sangam Yadav (PW12) who was also present at his house, asked Ramtal Thakur and Prabhu Singh as to why they were carrying the cement bags at that hour. Prabhu singh retorted by challenging his authority to ask such question. On this Sangam Yadav raised alarm shouting that they were illegally selling the cement. On hearing the shouts, informant's brother Sukhdev Yadav, ravan Yadav and Darshan Yadav and co-villagers namely: Bahadur Singh, Wakil singh, Raj Bihari Singh, Karam Chand singh, Luxmi Rajjak, Pandav Rai, Kailash singh, Babu Moni Singh, Darogi Singh and kunjal Thakur came to the place. Sangam yadav did not allow the cart to proceed. At that time the accused persons namely, jamadar Singh Prabhu Singh, Nabal kishore Singh, Kapil Singh, Surendra singh, Baldev Singh, Luxmi Narayan Singh, arun Singh, Dular Singh, Hari Singh, banaras Singh and Bhuneshwar Singh, peman Singh and Damodar Singh also arrived there from the southern side. Accused kapil Singh (A1) was armed with revolver, while Ram Dular Singh, Nabal Kishore singh. Surendra Singh (A3), Peman Singh and Bhuneshwar Singh were armed with bhala (spear), Prabhu Singh (A2) was armed with sword. Arun Singh was armed with farsa and rest were armed with lathi. Kapil Singh threatened to shoot Sangam yadav if he did not leave the cart, but sangam Yadav remained adamant and refused to allow the cart to proceed awaiting the police to arrive. Being infuriated and on the exhortation of Surendra Singh and prabhu Singh, Kapil Singh opened fire with his revolver at the informant. The bullet struck the right hand of the informant. At that time, Ram Dulare Singh assaulted sangam Yadav with bhala, as a result of which, Sangam Yadav fell down on the ground. Kapil Singh again fired which hit kunjal Thakur (deceased) who also fell down. Banaras Singh inflicted bhala blow on Darshan Yadav. The accused persons also resorted to hurling brickbats at the informant and others from their house situated nearby, as a result of which, the informant's brother Sukhdev and Ravan had also sustained injuries.

(3.) THE case was registered against altogether 16 persons including the 12 accused persons who had faced trial and four others including Ramtal Thakur and his son jeevlal Thakur. Kunjal Thakur who had sustained serious injuries, died in course of investigation. Charge-sheet was submitted against 14 accused persons, while the remaining two Ramtal Thakur and Jeevlal thakur were not sent up for trial. During the trial, two of the accused persons namely baldev Singh and Bhuneshwar Singh had died and consequently, the trial proceeded against the remaining 12 accused persons including the present appellants.