ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL)

Date : 12-03-2019

As both the criminal appeals have cropped up from the same judgment, hence aforesaid two appeals are being heard together and disposed of by this common judgment.

2. Heard learned counsel for the appellants and learned APP for the State on these criminal appeals.

3. These criminal appeals have been preferred against the Judgment and Order of conviction and sentence dated 13.05.2013 passed by Ad hoc Additional Sessions Judge-II, Nawadah in Sessions Trial No. 35 of 2012 / 01 of 2012 arising out of Nawadah Town P.S. Case No. 206 of 2011 whereby the learned trial court convicted the accused persons namely Arvind Singh @ Pullu, Naresh Singh, Maheshwari Singh, Shivji Singh and Ganesh Singh for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced them to undergo Rigorous imprisonment for life and also slapped them with the fine of Rs. 10000/- each and in default of payment of fine to further undergo R.I. for six months under the aforesaid Section.

4. Factual matrix of the case is that Nawadah Town P.S. Case No. 206 of 2011 was instituted under Section 302/34 of the Indian Penal Code against the accused Arvind Singh @ Pullu Singh, Rajeshwar Singh @ Rajo Singh, Ramnaresh Singh, Maheshwari Singh, Ganesh Singh and Shivji Singh on the basis of the fardbeyan of Vyas Deo Prasad Singh, Son of Late Parmeshwar Singh recorded by P.S.I. Raja of P.S. Nawada Town on 20.04.2011 at 8 PM at Sadar Hospital Nawada with the allegation in succinct that on 20.04.2011 at around 05:30 PM informant along with his son namely Narendra Kumar @ Ghaplu had gone to the boring of Jitendra Kumar @ Ripu for watering the grass of his field. He had taken the plastic delivery pipe from the boring of Jitendra Kumar @ Ripu to his field through the field of Arvind Singh @ Pullu Singh and was to take water through aforesaid pipe. In the meantime Arvind Singh @ Pullu Singh, Rajeshwar Singh @ Rajo Singh, Ram Naresh Singh, Maheshwari Singh and Ganesh Singh arriving there started slating them over taking water through their field. Whereupon the informant told them that he would remove the pipe from their field after watering his field. In the meantime, Shivji Singh arrived there with tractor, whereupon Rajeshwar Singh gave him order to plough the field. Then Shivji Singh crushed his pipe through his tractor. When he and his son Narendra Kumar @ Ghaplu raised protest against it, all of them gave order to assault them and gave them chase. Then they escaped towards their house. Accused persons also followed them. As soon as they arrived in the eastern lane located near the house of the informant, Ram Naresh Singh and Maheshwari Singh caught hold his son Narendra Kumar and Rajeshwar Singh gave order to assault him, whereupon Arvind Singh taking out dagger from his waist gave dagger blow on the left chest of his son with intention to do away with his life. Shivji Singh and Ganesh Singh whipped out pistol from their waist and resorted firing scaring the people to eliminate them in case of coming close to them. So the villagers namely Chandrabhushan Singh, Jitendra Kumar @ Ripu, Mithilesh Kumar and others preferred to stay at some distance. Then all the accused persons left the scene. Thereafter the informant rushed his son to Sadar Hospital, Nawada with the help of his family members and villagers where he succumbed to his injury during the course of treatment.

5. Aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge-sheet against five accused persons namely Arvind Singh, Ram Naresh Singh, Maheshwari Singh, Shivji Singh and Ganesh Singh showing the accused Rajeshwar Singh @ Rajo Singh as not sent up.

6. On receiving the chargesheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence and committed the case to the court of sessions and after commitment and on transfer finally the cas