- (1.)For the deaths of Ashok Singh and dadan Singh, the appellant along with seven others was tried and charged for the offences punishable under sections 302, 207, 148 read with section 149 of the Indian penal Code and section 27 of the Arms act. All the accused persons were convicted for the offences with which they were charged and sentenced to various punishments including the imprisonment for life for the commission of the major offence, vide judgment of the trial court. The appeal filed by the convicted accused persons was disposed of by the High Court vide judgment impugned in this appeal, acquitting seven out of the eight accused persons. Only the appellant was found to have committed the offence of murder of two persons for which he was sentenced to life imprisonment. The state has opted not to file any appeal against the order of acquittal, so far as other seven accused persons are concerned.
(2.)According to the prosecution the occurrence took place on 12/11/1984, at about 6.30 a. m. in village Auwan, district Sasram, state of Bihar. The matter was reported to the police station, Sheosagar by Madan prasad Singh, PW8 on the same day at about 8.40 a. m. In the first information report lodged by Madan Prasad Singh - PW8, it was stated that he had sown potatoes in the land near his house. On 11/11/1984 the informant had irrigated half of the potato field and in the morning of 12/11/1984 at about 6.30 a. m. his brother Dadan Singh along with Ghurbigan Dusedh and Kashi dusah had gone to irrigate the potato land. After some time the informant, his father and his brother Ashok also went there. They saw that Kedar Singh, one of the accused persons, in the trial court, having spade in his hands came from the side of temple and started abusing Dadan Singh. He also tried to stop the flow of water. The differant along with his relatives requested Kedar Singh to let irrigation continue. When this conversation was going on, the appellant and Rama Shankar Singh alias Billu reached the spot and declared that they would not leave anybody today. After that they went to their house and came back with two rifles and one gun. They gave one of the guns to Kedar Singh. Naresh Singh, another accused in the trial court had a lathi with him. Bijoy Shankar Singh, an accused in the trial court having country made rifle with him also arrived on the spot. When Ashok Singh tried to move slowly towards north and mukhia Dadan Singh sat down in the paddy field, Janardan Singh - appellant intimated other that Ashok is trying to escape. Without waiting for anybody, appellant himself fired from his rifle and consequently upon receiving the gun shot injury, ashok Singh fell down.
(3.)After hearing the noise, many persons ' reached the spot. It was alleged that all the accused persons named in the first information report were firing and thus actually participated in the commission of the crime. When Dadan Singh tried to flee towards west, the appellant again fired at him from his rifle with the result Dadan Singh fell down after sustaining the injury. Bimla Devi, the sister-in-law of the informant and wife of the deceased Dadan Singh also reached on the spot. She pleaded to the accused persons not to kill the members of the complainant party. Accused - Kedar Singh, asked the other accused to ascertain whether Dadan Singh had actually died or not. On this Ramta Lal, Udal Lal and Suresh Singh removed Bimla Devi and appellant along with others fired from rifles and their guns. After committing the crime the accused persons ran away leaving the injured on the spot. After the registration of the first information report and on completion of the investigation a charge-sheet was filed in the trial court. The trial court after conclusion of the trial, convicted and sentenced all the accused persons as noted earlier.