BISHUNDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been heard together and disposed of by the common order and judgment as both arise out of the same judgment and conviction and sentence recorded in Sessions Trial No. 226 of 1986 passed by Sri Devi Dayal Prasad, First Additional Sessions Judge, Ara, Bhojpur.

(2.) The four appellants in Cr. Appeal No. 62 of 1996 have been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and have further been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and further convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for one year. The appellants of Cr. Appeal No. 57 of 1996 have been convicted for the offence under Section 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and a fine of Rs.500/- and on non-payment of fine to undergo rigorous imprisonment for one year. The appellant nos. 12 to 21 have further been convicted for offence under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment 3 for two years and appellant no. 1 to 11 has further been convicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. The appellant no. 13 has further been convicted under Section 324 and has been sentenced to undergo rigorous imprisonment for two years.

(3.) The prosecution case as alleged in the fardbeyan of the informant that on 19.10.1984 at 8:00 A.M while the informant Navlesh Singh was irrigating the field then accused Bramhdeo Singh protested then the informant insisted upon the irrigation. Accused persons specifically named therein who are the appellants armed with double barrel gun, country made pistol, Lathi, Bhala and Garasa came and Bramhdeo Singh, Mukhiya fired at Birendra Singh and thereafter the prosecution party in self defence Ram Sakal Singh fired 3-4 rounds and the accused Bramhdeo Singh, Gopal Sharan Singh, Surendra Singh also fired due to which Kailash Singh, Lallan Singh, Subhas Chandra Singh, Surendra Singh, Rajendra Singh, Bipin Kumar Singh and others received injuries. The police instituted the fardbeyan bearing Sahar P.S. Case No. 152 of 1984 and proceeded with investigation. After investigation the charge-sheet was submitted and accordingly cognizance was taken and consequently the charges were framed and the trial proceeded. During the trial 16 witnesses were examined and after considering the oral and documentary evidence the order of conviction is recorded as stated above.