IMPORTANT POINTS
Ingredients of right of self defence explained.
Every unexplained injury on the accused is not fatal to the prosecution case.

JUDGMENT

D.K. Jain, J. —

1.This criminal appeal, by special leave, arises out of a common judgment and order dated 3rd September 2004, delivered by the High Court of Judicature at Patna in three Criminal Appeals No.268, 284 and 384 of 2001, affirming the judgment and orders dated 7th June 2001 and 12th June 2001, passed by the Additional Sessions Judge, Bhojpur, convicting and sentencing the present five appellants for various offences.

2.In all, eight persons, namely, Rajeshwar Singh @ Kamta Singh, Nagina Singh, Sheo Jee Singh @ Akshay Singh, Awadhesh Singh, Sikandar Singh, Harendra Singh, Shankar Singh @ Sheo Shankar Singh and Besh Lal Singh @ Bansh Lal Singh were put on trial for having committed the murder of Upendra Singh. Two of the accused, namely, Nagina Singh and Awadhesh Singh died during the course of the trial and were thus, dropped. The learned Additional Sessions Judge convicted accused Rajeshwar Singh under Sections 302 and 307 of the Indian Penal Code, 1860 (“IPC” for short) as well as under Section 27 of the Arms Act, 1959 and sentenced him to undergo rigorous imprisonment for life under Section 302; rigorous imprisonment for ten years under Section 307 IPC and rigorous imprisonment for three years under Section 27 of the Arms Act. Accused Sheo Jee Singh @ Akshay Singh, Sikandar Singh, Harendra Singh, Shankar Singh @ Sheo Shankar Singh were convicted and sentenced to undergo rigorous imprisonment for life under Section 302 read with Section 149 and rigorous imprisonment for five years under Section 307 read with Section 149 IPC. Accused Sheo Jee Singh was further convicted and sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. Accused Besh Lal Singh was convicted and sentenced to undergo rigorous imprisonment for two years under Section 148 IPC and Sikandar Singh, Shankar Singh and Harendra Singh were also convicted and sentenced to undergo rigorous imprisonment for six months each under Section 147 IPC. The sentences awarded to all the accused were to run concurrently. All the six convicts preferred the afore-noted three appeals. As stated above, by the impugned judgment, the High Court has dismissed all the appeals. Being aggrieved, Sikandar Singh, Harendra Singh, Shankar Singh, Sheo Jee Singh and Besh Lal Singh have preferred this appeal. Convict Rajeshwar Singh seems to have accepted the verdict of the courts below.

3.Shorn of unnecessary details, the case of the prosecution may be summarized as follows:

There was a piece of land in front of the cattle shed of the deceased Upendra Singh where his cattle used to graze. There was dispute between the parties over the land and a title suit in respect thereof was pending. In the morning of 23rd December 1987 at about 9-10 a.m., when the deceased was cleaning the said land, accused Rajeshwar Singh happened to reach there and protested against the act of the deceased, saying that the land belonged to him. Ignoring the protest, the deceased continued cleaning the land. Some heated arguments ensued between them. Accused Nagina Singh (since dead), also happened to be at the spot. Having got infuriated and enraged, he exhorted Rajeshwar Singh to eliminate the deceased. Soon thereafter Rajeshwar Singh went to his house and came back with a gun. He was accompanied by Sheo Jee Singh, Awadhesh Singh (since dead), Sikandar Singh, Harendra Singh, Shankar Singh and Besh Lal Singh, all armed with lethal weapons such as spear, farsa and lathi. They exchanged hot and abusive language with the deceased. Accused Rajeshwar Singh fired at the deceased as a result of which he sustained injuries on his chest, abdomen, arm and forearm. In the meantime, Rajendra Singh (PW-4) came there and tried to save his brother Upendra Singh but he was also shot at by Rajeshwar Singh as a result of which he also sustained injuries on his head, forehead and cheek. Upendra Singh, the deceased, succumbed to the injuries and died instantaneously at the spot.

4.Overh