GOPAL SINGH AND 2 ORS. Vs. STATE OF BIHAR AND 7 ORS.

JUDGEMENT

(1.) Nine accused were put on trial, on the charges of forming an unlawful assembly with the common object and also sharing the common intention with each other in causing the murder of Ramnath Singh, in village Neknamtola under police station Barhara in the district of Bhojpur, Arrah. The trial court, vide judgment impugned, convicted two of them Sidnath Singh and Gopal Singh under Sec. 302 of the Indian Penal Code (hereinafter referred to as 'the Code') and sentenced both to suffer imprisonment for life, against which they have appealed to this Court. Criminal Appeal No. 548 of 1983 has been filed by Sidhnath Singh and Cr. appeal No. 537 of 1983 has been filed by Gopal Singh. So far the fate of other seven accused are concerned, the learned trial judge, in the same judgment took the view that the prosecution failed to satisfactorily prove their presence and participation in the crime and possibility of their false implication could not be ruled out. In that view, the learned Judge gave them the benefit of doubt. All of them were acquitted of the charges under Sec. 302/34 and also under Sec. 302/149 and 148 of the Indian Penal Code. The State of Bihar also preferred an appeal against the finding of acquittal against those seven accused and this appeal has been registered as Government appeal No. 48 of 1983.

(2.) Since all the three appeals are out of the same judgment, with the consent of the Counsel for the parties and for the sake of convenience they have been heard together and are being disposed of accordingly. It may be added here that the respondents accused in Govt. appeal No. 48 of 1983 did not appear in court in spite of notices issued to them. These are old appeals and we don't like to delay the disposal any longer by issuing fresh notices, and in order to avoid any prejudice, we directed a Senior Counsel Sri B.N. Sen of the Court to take the brief of those respondents and to assist the court in hearing and disposal of the appeal.

(3.) The case against them arose on the statement of P.W.6 Premnath Singh. He is the brother of the deceased Ramnath Singh. After the incident of murder, he had rushed to the police station Barhara with P.W.2, a co -villager and with the Chowkidar and Dafadar of the village. At the instance of the Officer incharge the statements of the informant Premnath Singh was recorded by Ramautar Singh, a Police officer of the station. P.W.8 the Officer incharge drew up a First Information Report marked ext. 4. A case was registered. P.W.8 took up investigation. He came to the village, inspected the place of occurrence, examined some of the witnesses, sent the dead -body of Ramnath Singh, which was at the Darwaza of the informant for post mortem examination and after completing investigation he finally submitted charge sheet against all the nine accused, who were thus, put on trial.