Singh & Ors Vs. State of Bihar  Insc
464 (2 September 2005)
Balakrishnan & B.P.Singh
APPEAL NOS. 849-850/2005 K.G. Balakrishnan, J.
accused persons were found guilty by the Additional Sessions Judge, Gaya, for the offence of murder punishable under Section
302 read with Section 149 IPC. Some of the accused were found guilty of the
offence punishable under Section 27 of the Arms Act. These accused persons
filed three criminal appeals before the High Court of Patna and by the impugned
judgment all the three criminal appeals were dismissed and their conviction and
sentence were confirmed.
incident happened on 15.8.1996. PW 9 Suresh Singh along with his brothers Dani
Singh and PW 8 Mukhdeo Singh were carrying out agricultural work in their paddy
field. PW 1 Rajendra Munjhi, a labourer too was working with them. One Kundan
Kumar had brought the breakfast for them. At about 11.00 a.m., a tractor came from the southern side and stopped at a
distance of 500 yards away from the field. Five to six persons got down from
the tractor and came near the field and one of them, Anil Singh was armed with
a gun. Some other persons came from the village side and among them included
the appellants, Mangal Singh, Kali Singh, Sachitta Singh, Vidya Singh, Jai Ram
Singh and Ramadhar Singh.
and Ramadhar were armed with gun and Sachitta Singh and Vidya Singh were armed
with countrymade pistol. The appellants then started ploughing the field. PW-9
Suresh Singh and his brothers requested them not to plough the field and there
was exchange of words between PW-9 and his brothers on the one hand and
appellants on the other, whereupon appellants Mangal Singh and Kali Singh
exhorted other appellants to kill PW-9 Suresh Singh and his brothers. Appellant
Anil Singh, Jai Ram Singh and Ramadhar Singh started firing on them
indiscriminately and Kundan Singh and Dani Singh sustained injuries. PW 9
Suresh Singh and his brother Mukhdeo Singh managed to run towards east and
appellant Sachitta Singh and Vidya Singh chased them but they escaped unhurt
and hid themselves in a nearby place. Hearing the sound of firing, the nearby
villagers came running towards the place of incident and the appellants then
fled towards west. PW9 Suresh Singh and his brother PW 8 Mukhdeo Singh came out
and saw their brother Dani Singh lying dead nearby in the field of Dr. Umesh
Singh. Injured Kundan Singh was alive but he was in an unconscious state. He
was immediately removed to the nearby hospital.
same day at about 2.00
sub-Inspector of Police of Buniyaadganj Police Station recorded the statement
of PW-9 Suresh Singh. A case was registered against the present appellants and
the inquest over the dead body of Dani Singh was held. Injured Kundan Singh was
admitted in the hospital but he later died in the hospital. On the side of the
prosecution, 14 witnesses were examined. Five eye-witnesses were examined to
prove the incident. PW9 Suresh Singh is the main witness to support the
prosecution. He deposed that all the appellants came to the place of incident
and except Mangal Singh and Kali Singh, all were armed with firearms and they
started firing and he moved towards Dr. Umesh Singh's field. Appellants Sachitta
Singh and Vidya Singh chased him and when other witnesses came the accused ran
away from the field. He admitted that there was some land dispute between himself
and the appellants. The evidence of PW9 Suresh Singh would show that the
appellants Mangal Singh and Kali Singh had not done any overt acts.
does not speak about the exhortation allegedly made by appellants Mangal Singh
and Kali Singh. He deposed only to the fact that appellants Mangal Singh and
Kali Singh started abusing and said that PW9 Suresh Singh and others shall not
be left and be killed. PW-8 Mukhdeo Singh is another witness who was present at
the place of the incident. He would say that Kali Singh and Mangal Singh
shouted that "not to leave them and kill them".
evidence of these two witnesses by itself would not prove the real complicity
of these two accused persons. Moreover, these two persons were not armed with
any weapons. We do not think that there was any convincing evidence to prove
that these two appellants also shared the common object of the unlawful
regards the other appellants, there is evidence beyond reasonable doubt that
they formed themselves into an unlawful assembly.
Suresh Singh and others deposed that after a wordy quarrel they started using
their fire arms to kill the two persons. They have been rightly convicted by
the Sessions Court for the offence of Section 302 read with Section 149 IPC.
The conviction of the appellants under Section 27 also was fully justifiable
result, we find the appellants Mangal Singh and Kali Singh not guilty of any
offence punishable under law. They are acquitted of all the charges framed
against them. Criminal Appeal No. 770 of 2004 is partly allowed and the appeals
filed by other appellants are dismissed.
Mangal Singh and Kali Singh are on bail. Their bail bonds are discharged.