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2000 Supreme(SC) 1028

S.RAJENDRA BABU, Y.K.SABHARWAL
Umesh Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

Rajendra Babu, J.-On a report made by Jugeshwar Singh (PW-7) alleging that the appellants herein along with several other persons numbering about 20 came to Khalihan (threshing floor) of Bhola Singh where he and other members of his family were threshing paddy. They tried to take away the paddy. Upendra Singh threatened that any resistance would be met with such action which might even result in death. Thereafter Rajendra Singh hit Bhola Singh with a lathi and Upendra Singh moved backward and fired at Bhola Singh with gun as a result of which Bhola Singh was hit and fell down writhing in pain. Saryu Singh was shot at by Rajendra Singh and Bhagwat Dayal Singh, who was also inflicted a bhala blow by Arvind Singh, appellant in the connected matter, Umed Singh and Sheonandan Singh fired at Rajdeo Singh as a result of which he fell down. When Dharmshila, wife of Bhola Singh reached the threshing floor with her child aged about one and half years old in her arm named Rinku, Sheonandan Singh snatched the child and threw the child on the ground as a result of which the child died. After investigation, the police submitted a charge sheet against seven persons named in the FIR as








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