JAI KISHORE SINGH, AND ANOTHER Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed on behalf of the two appellants, who have been convicted under Sec. 304 part II read with Sec. 34 of the Indian Penal Code (for short 'the Code') and have been sentenced to undergo rigorous imprisonment for ten years each. Initially, four accused persons including these two appellants stood charged under Sec. 302 read with Sec. 34 of the Penal Code for committing the murder by causing the death of the deceased Shitlal Sahni, but two of them, namely, Braj Kishore Singh and Pashupati Singh were acquitted, and the aforesaid two appellants ware convicted under Sec. 304 Part II read with Sec. 34 of the Penal Code, as stated above.

(2.) The prosecution case is that these appellants along with Braj Kishore Singh (since acquitted) brought the deceased Shitlal Sahni tied with a rope in an unconscious state to Dighwara Police Station at 11.30 P.M. in the night of 12.6.1974 whereupon it is said that the deceased Shitlal Sahni gave a statement which was recorded by the Officer -in -charge, Dighwara Police Station (P.W. 15) in which it was alleged that at about 2 P.M. on the same day his (Shitlal Sahni's) she buffalo had grazed the crops of the field of Ram Bishun Singh, father of the appellants on which Ram Bishun Singh assaulted him with lathi and the two sons of Saitlal Sahni hurled brick -bats on Ram Bishun Singh and there ensued an exchange of hot words, but at the intervention of the villagers, the situation was calmed down.

(3.) On the same day, it is said that at about 6 P.M., the deceased Shitlal Sahni was returning after scattering the cow dung manure in his field and when he reached near the front of the house of Ram Bishun Singh, pashupati Singh (since acquitted) armed with bhala and Jai Kishore Singh (appellant no. 1) and Nand Kishore Singh (appellant no. 2) armed with lathis came there and abused the deceased and thereafter assaulted him as a result of which his two teeth had been broken and he received several injuries on his person and thereafter he fell down. It is further said in the aforesaid statement that one Quasim Mian (P.W. 6), who was chopping a palm tree, asked them not to do so, at which, it is said, the appellants along with others told him that they would implicate him in a theft case. It is further alleged that from the place of assault, the accused persons dragged Shitlal Sahni (decd.) to their DarwaJa (Duara) and there the accused persons put him on a Khatia (cot) and tied his feet and hand and thereafter they took him to their village Shaidpur where it is said that Shitlal was kept for some time and from village Shaidpur, he was brought to a house close to a temple situate near the Eastern Railway Crossing of Digbwara railway station where Braj Kishore Singh (since acquitted) was present from before who along with Nand Kishore Singh (appellant no. 2) and Pashupati Singh (since acquitted) carried Shitlal on a cot to the police station and Jai Kishore Singh (appellant no 1) returned back from there.