Decided on April 11,2022

STATE OF BIHAR Respondents

Referred Judgements :-



- (1.) Criminal Appeal (DB) No.17 of 1994 has been filed by convicted accused Bijay Singh, convicted accused Ishwar Dayal Singh as well as convicted accused Ramadhin Singh. It survives only so far as convicted accused Bijay Singh is concerned. Rest of the appellants, namely, Ishwar Dayal Singh and Ramadhin Singh, died during the pendency of the appeal and their appeal stood abated. Criminal Appeal (DB) No.67 of 1994 is filed by convicted accused Ram Jiwan Sharma and convicted accused Kaushalendra Singh.
(2.) The appellants by these appeals are challenging the Judgment and Order dtd. 23/12/1993 passed by the learned 3rd Additional Sessions Judge, Nawadah, in Sessions Trial No.399/83 (101/87) thereby convicting them of the offences punishable under Ss. 302/149 and under Ss. 307/149 of the Indian Penal Code. They all are sentenced to suffer rigorous imprisonment for life and rigorous imprisonment for 7 years on each of these counts respectively. In addition, convicted accused/ appellants Ram Jiwan Sharma and Kaushalendra Singh are convicted of the offence punishable under Sec. 27 of the Arms Act and on this count, they both are sentenced to suffer rigorous imprisonment for 7 years. Substantive sentences are directed to run concurrently by the learned trial court. It would be apposite to mention here that originally in all six accused persons came to be charge-sheeted in the subject Sessions Trial. However, one of the accused Krishnandan Singh died during the pendency of the trial whereas, as noted earlier, two of the convicted accused died during the pendency of these appeals.
(3.) The facts in brief leading to the prosecution of the accused persons can be summarized thus: (a). On 11/4/1983, first informant Kamta Singh (P.W.10) who happens to be resident of village-Warsaliganj, District-Nawadah, along with his co-villagers had been to Nawadah. In the evening, they returned to their village by the train and alighted at the Railway Station Baghi-Vardiha, at about 07.30 P.M. They then started proceeding to their village on foot. Sukhdeo Singh (since deceased), P.W.3 Mithilesh Singh, P.W.4 Ram Nandan Singh as well as Shailendra Singh were accompanying the first informant Kamta Singh (P.W.10). When they all reached near Nawrangi orchard of their village, convicted accused Bijay Singh had allegedly flashed a torch at them and stopped them. At that time, convicted accused Bijay Singh was accompanied by other accused persons. Out of them, appellant/accused Ram Jiwan Sharma and appellant/accused Kaushalendra Singh were holding guns. Convicted accused Ishwar Dayal Singh was holding a torch as well as the knife. Deceased accused Krishnandan Singh was holding a bag containing bombs whereas deceased appellant/accused Ramadhin Singh was holding a Gadasa. Appellant/accused Bijay Singh then exhorted to kill and thereupon appellant/accused Ram Jiwan Sharma and appellant/accused Kaushalendra Singh fired the bullets from the guns held by them at Sukhdeo Singh. Deceased accused Krishnandan Singh hurled a bomb which caused wounds to Sukhdeo Singh (since deceased) as well as P.W.4 Ram Nandan Singh. Sukhdeo Singh was assaulted by means of Gadasa by Ramadhin Singh. Similarly, accused Ishwar Dayal Singh also gave blows of knife to deceased Sukhdeo Singh. The accused persons then flee from the spot. Because of murderous assault by accused persons, Sukhdeo Singh died on the spot whereas P.W.4 Ram Nandan Singh came to be injured. He was taken to the hospital and was medically treated by P.W.12 Dr. Abdul Hakim Ansari. (b). P.W.10 Kamta Singh then went to the police station and lodged the F.I.R. against the accused persons. Dead body of his brother Sukhdeo Singh was then dispatched for autopsy and P.W.2 Dr. Ajay Kumar of Sadar Hospital, Nawadah, conducted post-mortem examination on the dead body. (c). Routine investigation followed. The spot came to be inspected by Investigating Officer P.W.11 Sita Ram Singh. Seizure came to be affected. On completion of routine investigation, in all six accused persons as indicated in the opening paragraph of this Judgment came to be charge-sheeted out of which Krishnandan Singh died during the pendency of the trial itself. (d). The learned trial court framed the charges and in order to bring home the guilt to the accused persons, the prosecution has examined in all 12 witnesses. The defence of the accused is that of total denial. As per defence version, deceased Sukhdeo Singh had criminal history and he was killed by his own associates out of the enmity. (e). After hearing the parties, the learned trial court was pleased to convict the accused persons and to sentence them as indicated in the opening paragraph of this Judgment. ;

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