IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.377 of 2003 ======================================================

1. Kulbansh Singh S/O Ambika Singh R/O Vill.- Bahera, P.S.- Sonhan, Dist.-

Kaimur

2. Ramswarath Singh @ Arbind Singh S/O Ambika Singh R/O Vill.- Bahera, P.S.- Sonhan, Dist.- Kaimur ... ... Appellants.

Versus The State of Bihar. ... ... Respondent.

======================================================

Appearance :

For the Appellant/s : Ms. Surya Nilambari, Amicus Curiae For the Respondent/s : Mrs. Anita Kumari Singh, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

ORAL JUDGMENT

Date : 06-02-2026 The present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) has been preferred against the judgment of conviction and order of sentence dated 30.07.2003 passed by the Court of learned 1^stAdditional Sessions Judge, Bhabua in Sessions Trial No.166/97 of 1987/1998, arising out of Bhabua (Sonhan) P.S. Case No.29/87, whereby and whereunder the appellants have been convicted under Section 307 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and sentenced to undergo rigorous imprisonment for five years. The appellants have been further sentenced to undergo rigorous imprisonment for three years for conviction under Section 27 of the Arms Act.

2. From a perusal of the order-sheets, it appears that the appeal with regard to convict (appellant) Ambika Singh has already been abated vide order dated 24.11.2025 and now this appeal survives only as against appellants Kulbansh Singh and Ramswarath Singh, appellants no. 1 and 2 respectively.

3. The short facts of the case as per the First Information Report based on the fardbeyan of Bairister Singh (P.W.6), which was recorded by A.S.I., R.S. Pandey (P.W.11) of Bhabua P.S. on 01.02.1987 at about 5:30 pm was that on the same day i.e. on 01.02.1987 at around 2 pm, the goats of his co- villager, Ambika Singh were grazing his field and upon seeing the same, his father Guptnath Singh (P.W.5) brought the goats to his sitting place. In the meantime, the villagers Ram Pravesh Singh, Ram Swarath Singh alias Arbind Singh and Kulbansh Singh, armed with guns, while Ambika Singh armed with a Bhala, came to the door of the house of the informant and indulged in hurling abuses while enquiring as to why his goats were brought to the house of the informant. On such issue, a verbal embroil ensued between the parties and in course of such verbal altercation, Ambika Singh exhorted his son to kill everyone, whereupon his son, Ram Swarath Singh alias Arbind Singh fired at the father of the informant, Guptnath Singh with his country made gun on account of which he sustained pellet injuries on the neck, face, chest and other places and fell down with the said injuries. It has further been alleged that when informant and his uncle Suraj Nath Singh (P.W.4) tried to intervene in the matter, Kulbansh Singh fired with his country made gun at Suraj Nath Singh, uncle of the informant, causing injury near his left eye and other places, while Ambika Singh inflicted a Bhala blow upon the informant due to which he sustained injury on his right hand. Upon hearing the sound of alarm, Dinanath Singh (P.W.1), Ramjee Singh (P.W.9) and the informant’s younger brother, Shyamdeo Singh (P.W.3) along with several other co-villagers arrived at the place of occurrence but they ran away to their houses upon hearing the fact that the father of the informant was shot at. The injured Guptnath Singh was brought to the hospital in an unconscious condition and he was not in a position to give his statement.

4. On the basis of the above-mentioned fardbeyan of Bairister Singh (P.W.6) Bhabua P.S. Case No.29 of 1987 was instituted under Sections 447, 324 and 307/34 of the I.P.C. and Section 27 of the Arms Act. After investigation, chargesheet was submitted on 03.04.1987 in the Court of learned Additional Chie