NAGEHSWAR SINGH & ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Out of the six charge-sheeted accused persons only five including these appellants faced trial under Section 302/34, IPC. The 6th accused Baban Singh was declared absconder. All the five accused including these appellants have been convicted under Section 302/34, IPC and sentenced to undergo imprisonment for life. Convict Sital Singh was one of the appellants. However, during pendency of this appeal, he died and, accordingly, appeal against him stood abated.

(2.) The case of the prosecution as unfolded in fardbeyan (Ext. 2) in short is as follows : The accused-appellants had a piece of land near the house of the deceased Nand Kumar Singh over which they were constructing their house. Adjacent to that land there was a land belonging to the deceased over which he had grown vegetables.

(3.) On 8.4.1980 at about 12.00-1.00 p.m. the deceased was sitting under his mango tree situated infront of his darwaza. In the meantime, all the six accused persons including the appellants came there and expressed that a bamboo machan would be raised on his land for the purpose of construction of their house to which the deceased Nand Kumar Singh objected and told that he would not allow to raise a machan over his land as it would damage his vegetable plants. This enraged accused Sital Singh who ordered other accused persons to assault Nand Kumar Singh, thereupon accused Baban Singh (absconder), Madho Singh and Suresh Singh began to assault him with bamboos laying at the spot. Accused Baban Singh gave one bamboo blow with force on the head of Nand Kumar Singh as a result of which he fell down and became senseless and thereafter, other accused persons including these appellants assaulted him with lathi, bricks, feets and fats. Accused Sital Singh (since dead) also assaulted him with lathi. It is alleged that blow on head was inflicted with intention to commit his murder.