Judgment

PARIPOORNAN

( 1 ) THE appellants in this appeal, Prem Kumar Singh prem Singh s/o Mundrika Singh and Rarnesh Singh s/o Chandrika Singh, are accused 1 and 2 in Sessions Trial No. 219 of 1983, Additional Sessions judge, Palamau. They have filed this appeal against the affirmance of their conviction under Section 302 of the Indian Penal Code, by the Patna High court, Ranchi bench, Ranchi, by judgment dated 8/9/1989. The above twoaccused, along with one Mundrika Singh, Accused 6, father of Accused 1 prem Singh, and eight others were charge-sheeted to stand sessions trial for the murder of one Tarkeshwar Prasad Singh on 13/1/1983 at 6. 30 p. m. at a place known as Ketat. Accused 1 and 2 were charged for offence under section 302 read with Section 34 Indian Penal Code for causing the murder of Tarkeshwar prasad Singh. They were also charged for offence under S. 307/34 Indian Penal Code for attempting to cause murder of Ghanshyam Languri and Rajnath Tewari, two co-passengers, who boarded the bus along with Tarkeshwar Prasad singh. The remaining nine accused persons were charged for offences under sections 302/149 Indian Penal Code. Accused 6 Mundrika Singh was charged for offence under Section 147 Indian Penal Code also, whereas the ten other accused persons were further charged for offence under Section 148 Indian Penal Code read with Section 27 of the Arms Act. All the accused persons pleaded not guilty for each of the charges framed against them. The defence plea was that the death of tarkeshwar Prasad Singh in the bus, belonging to Santosh Transport company, might have been caused at the hands of some unknown dacoits and the accused persons have been falsely implicated by the informant because of long drawn enmity between the parties. The plea of alibi was also put forward by Accused 6 Mundrika Singh, Accused 1 Prem Singh, Accused 10 Raja Dixit and Accused 7 Muni Dixit. On an analysis of the entire evidence in the case, the Additional Sessions Judge, Palamau, by judgment dated 9/6/1987, held that on instigation given by Accused 6 Mundrika Singh to kill Tarkeshwar Prasad Singh, the deceased, Accused 1 Prem Singh and accused 2 Ramesh Singh intentionally caused the death of Tarkeshwar prasad Singh by firing at him with their rifles in consequence of which tarkeshwar Prasad Singh died instantaneously on the spot. It was also found that in the same act. Accused 1 and 2 also caused rifle shot injury on PWs 5 and 6 knowing fully well that in the circumstances, by their act of firing inside the bus, it was likely to cause the death of other passengers also and such act was an attempt to commit murder of PWs 5 and 6. The Session judge came to the conclusion that there is absolutely no evidence of any other attack by the remaining accused persons (other than Accused 1, 2 and 6. The offence under Section 27 of the Arms Act was also not proved against such persons. In the result Accused 6 Mundrika Singh was found guilty under Section 302 read with Section 34 Indian Penal Code and convicted thereunder. Accused 1 and 2 were found guilty for offence under Section 302 Indian Penal Code for causing the murder of Tarkeshwar Prasad Singh and they were convicted thereunder. They were also found guilty for offence under Section 307 Indian Penal Code for attempting to commit the murder of PWs 5 and 6 and were accordingly convicted. Except Accused 1, 2 and 6, the other accused were not found guilty for any of the charges framed against them and they were acquitted and discharged from the liability of their respective bail bonds. Accused I and 2 were sentenced to imprisonment for life under Section 302 Indian Penal Code. Accused 6 was also sentenced to imprisonment for life under Section 302 read with Section 34 Indian Penal Code. Accused 1 and 2 were further sentenced to undergo rigorous imprisonment for seven years for their conviction undersection 307 Indian Penal Code. It was further held that both the sentences passed against the Accused 1 an