MEDNI SINGH AND RAGHUBIR SINGH (IN 440), SHAILENDRA KUMAR SINGH @ SHAILENDRA SINGH (IN 474) Vs. STATE OF BIHAR

JUDGEMENT

(1.) CriminalAppeal No. 440 of 2001 preferred by appellant Medni Singh and Raghubir Singh is directed against the judgment and order dated 30th August, 2001 of the learned 3rd Additional Judge, Jamui passed in Sessions Case No. 130 of 1986, whereby and whereunder, both the appellants have been convicted under Section 323 of the Indian Penal Code only and sentenced to undergo RI for six months.

(2.) Criminal Appeal No. 474 of 2001 is directed against the same judgment and order, whereby and whereunder, the appellant Shailendra Singh has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo RI for life.

(3.) The prosecution case in brief, is that Jai Ram Singh (PW 5) lodged fardbeyan (Ext. 2) on 27.7.1985 at about 10 a.m. stating that in the morning at about 7 a.m. he and his younger brother Jatan Singh (deceased) were ploughing their field situated at Sahsarama Mirja Pariwand, his son Shiv Kumar Singh (PW 2) and Flam Kumar Singh (PW 3) were digging the field with spade. At about 8.45 a.m. accused Moti Singh (since dead), Medni Singh, appellant, Baiju Singh @ Baijnath Singh (acquitted), Subodh Kumar Singh (acquitted) came to his field. Shailendra Singh was armed with pistol and others were armed with lathi. Accused Moti Singh asked the informant party to stop ploughing the field. When the informant protested, Moti Singh ordered other accused persons to kill them. Thereafter, Medni Singh assaulted the informant by lathi on his head, causing injury on his head due to which he fell down and when his son Ram Kumar Singh came for rescue Moti Singh assaulted him by lathi. Thereafter, other accused persons also tried to assault them. In the meantime, accused Shailendra Singh fired at the brother of the informant, namely, Jatan Singh which hit him and Jatan Singh fell down and succumbed to injuries. Thereafter, all the accused persons fled away. It is stated that thereafter son of the informant, namely, Shiv Kumar Singh came. Prosecution case further is that the younger uncle. Doman Singh has executed Dan-Patra (deed of gift) in the name of his son on 22.3.1982 for 4 acres 58-1/2 decimal of land as aforesaid Doman Singh had no issue and since then, they are in possession over the aforesaid land. The accused persons wanted to dispossess them from the aforesaid land and hence the occurrence.