GANESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment/ order of sentence dated 1.5.2012/ 4.5.2012 passed by Additional Sessions Judge, Fast Track Court. No. IV, Siwan in Sessions Trial No. 357 of 2003 whereunder the sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code, Section 27 of the Arms Act and directed to undergo rigorous imprisonment for life and to pay fine of Rs. 25,000/-, in default of payment of fine to undergo further rigorous imprisonment for one year under Section 302 I.P.C. Under Section 27 of the Arms Act appellant has been directed to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 3,000/-, in default of payment of fine to further undergo rigorous imprisonment for 3 months. Both the sentences have, however, been directed to run concurrently.

(2.) PROSECUTION case as set out in the fardbeyan of Kanak Malti Devi, P.W. 3 recorded by Sub-Inspector Laxman Prasad Officer in charge Siswan P.S. is that on 18.05.2002 at 6 in the morning accused no. 4 Rajesh Singh came to her house and informed her husband the deceased, that their agnate Rudal Singh, Ganesh Singh the appellant and Sudhir Kumar Singh had asked him to inform that measurement of the land is to be taken and to come to the field as they are already there. Husband of informant Baijnath Singh took his licensed gun, cartridges and then proceeded towards the field. Informant also followed her husband. Husband of the informant reached near the field of Nand Kishore Singh at about 6.30 A.M. Rudal Singh, Ganesh Singh, Sudhir Kumar Singh his co-villager began to altercate with her, husband. Sudhir Kumar Singh snatched his licensed gun, Rudal Singh then exhorted his son, the appellant to shoot Baijnath Singh, appellant shot at her husband from his licensed pistol causing injury which led to his fall. Appellant thereafter took the licensed gun of the deceased from the hands of his son Sudhir Kumar Singh and shot at his son on his leg and also at himself in leg. After the assault informant raised alarm, ran towards the village and came back to the place of occurrence along with police party and saw her husband is profusely bleeding. In the concluding portion of the fardbeyan informant claimed that her husband has been killed by Rudal Singh, Ganesh Singh, Sudhir Kumar Singh and Rajesh Singh after they called him for measurement of the lands.

(3.) ON the basis of the aforesaid fardbeyan of the appellant the counter version was numbered as Siswan P.S. Case No. 37/02 dated 18.05.2002 under Sections 324/307 I.P.C. and Section 27 of the Arms Act. Officer in charge Siswan P.S. also simultaneously took up the investigation of the counter version.