CHATUR SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 29th May, 1992 by which the learned First Additional Session Judge, Gumla has found the appellant Chatur Singh guilty for committing offence punishable under Sections 302, 148 of the Indian Penal Code and the other appellants for committing an offence punishable under Section 307 of the Indian Penal Code. Further all the accused were found guilty for committing the offences punishable under Sections 302, 149 of the Indian Penal Code. After finding them guilty of the aforesaid offences, the appellant Chatur Singh was sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code; 2 years' rigorous imprisonment for offence punishable under Section 148 of the Indian Penal Code and 5 years' rigorous imprisonment for offence punishable under Section 307 of the Indian Penal Code. The other accused persons were also sentenced to undergo rigorous imprisonment for life for committing offence punishable under Sections 302/149 of the Indian Penal Code; 5 years' rigorous imprisonment for committing offence punishable under Section 307 of the Indian Penal Code and 2 years' rigorous imprisonment for committing offence punishable under Section 147 of the Indian Penal Code. All the sentences were directed to run concurrently.

(2.) From the record it appears, that during the pendency of this appeal, Arjun Singh, Jageshwar Singh, Patur Singh and Shankar Singh died. This is the latest information submitted by the State through an affidavit sworn by Assistant Sub Inspector of Police of Sisai Police Station on 29.06.2017. In the earlier ordersheet of this case, it was mentioned that Chatur Singh has died, but, in view of the latest affidavit dated 29.06.2017, wherein it has been mentioned that Chatur Singh is alive and only the aforesaid four appellants are dead, this appeal, thus, stand abated against Arjun Singh, Jageshwar Singh, Patur Singh and Shankar Singh and subsists against the rest four appellants, namely, Chatur Singh, Balkeshwar Singh, Nageshwar @ Nago Singh and Mangal Singh irrespective of the orders passed earlier.

(3.) The prosecution case is based upon the fardbeyan of the informant Dilawati Devi, recorded on 03.11.1985 at about 09.00 a.m., stating therein that on the previous day at about 02.00 p.m., she along with her deceased husband Ram Gulab Singh, harvested their crops from their field and was keeping them in their barn. Arjun Singh son of Narayan Singh, Chatur Singh, Patur Singh, Balkeshwar Singh son of Chandan Singh came and started abusing the informant and her husband in filthy language. In the meantime, the brother-in-law of the informant Bandhan Singh and Laxman Singh also reached. The husband of the informant, Ram Gulab Singh forbade the accused persons not to abuse them. Then from the northern side, Jageshwar Singh, Nago Singh son of Alam Singh, Gandur Singh son of Budhnath Singh, Budhnath Singh son of Bhim Singh, Shankar Singh son of Chatru Singh, Chatru Singh son of Narayan Singh, Mangal Singh son of Chatru Singh, armed with stones, rods and sticks surrounded the informant, her husband and her brother-in-laws. Chatur Singh, with the help of an axe stuck on the head of the husband of the informant and the rest accused started assaulting the informant and her brother-in-laws with sticks and stones. It is further stated that the informant and others screamed for help, but, no one from the village came to their rescue, as a result of which, her husband died at the spot, because of the assault made by axe, stick and stones. It is stated that because of the fight, the accused persons also got injured from there own weapons, which they were carrying. The accused left the place after threatening the informant that they will also commit murder of their children and all her brother-in-laws. She stated that the genesis of the occurrence is a subsisting land dispute, as her husband had already lodged a case against the accused persons and because of the said case, when the police had gone to arrest Arjun Singh, Chatur Singh, Patur Singh, Balkeshwar Singh, all of them turned hostile towards this informant and they had threatened of murderous attack.