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CASE NO.: Appeal (crl.)  770 of 2004

PETITIONER: Mangal Singh & Ors.                                              

RESPONDENT: State of Bihar                                                   

DATE OF JUDGMENT: 02/09/2005

BENCH: K.G. BALAKRISHNAN & B.P.SINGH

JUDGMENT: J U D G M E N T WITH

CRIMINAL APPEAL NOS. 849-850/2005 K.G. Balakrishnan, J.

       Seven accused persons were found guilty by the Additional  Sessions Judge, Gaya, for the offence of murder punishable under Section  302 read with Section 149 IPC.  Some of the accused were found guilty of  the offence punishable under Section 27 of the Arms Act.  These accused  persons filed three criminal appeals before the High Court of Patna and by  the impugned judgment all the three criminal appeals were dismissed and  their conviction and sentence were confirmed.  

The incident happened on 15.8.1996.  PW 9 Suresh Singh along  with his brothers Dani Singh and PW 8 Mukhdeo Singh were carrying out  agricultural work in their paddy field.  PW 1 Rajendra Munjhi, a labourer  too was working with them.  One Kundan Kumar had brought the breakfast  for them.  At about 11.00 a.m., a tractor came from the southern side and  stopped at a distance of 500 yards away from the field.  Five to six persons  got down from the tractor and came near the field and one of them, Anil  Singh was armed with a gun.  Some other persons came from the village  side and among them included the appellants, Mangal Singh, Kali Singh,  Sachitta Singh, Vidya Singh, Jai Ram Singh and Ramadhar Singh.      Jairam and Ramadhar were armed with gun and Sachitta Singh and Vidya  Singh were armed with countrymade pistol.   The appellants then started  ploughing the field.  PW-9 Suresh Singh and his brothers requested them  not to plough the field and there was exchange of words between PW-9  and his brothers on the one hand and appellants on the other, whereupon  appellants Mangal Singh and Kali Singh exhorted other appellants to kill  PW-9 Suresh Singh and his     brothers.  Appellant Anil Singh, Jai Ram  Singh and Ramadhar Singh started firing on them indiscriminately and  Kundan Singh and Dani Singh sustained injuries.  PW 9 Suresh Singh and  his brother Mukhdeo Singh managed to run towards east and appellant  Sachitta Singh and Vidya Singh chased them but they escaped unhurt and  hid themselves in a nearby place.  Hearing the sound of firing, the nearby  villagers came running towards the place of incident and the appellants  then fled towards west.  PW9 Suresh Singh and his brother PW 8  Mukhdeo Singh came out and saw their brother Dani Singh lying dead  nearby in the field of Dr. Umesh Singh.  Injured Kundan Singh was alive  but he was in an unconscious state.  He was immediately removed to the  nearby hospital.

       On the same day at about 2.00 p.m., the sub-Inspector of Police of  Buniyaadganj Police Station recorded the statement of PW-9 Suresh  Singh.  A case was registered against the present appellants and the  inquest over the dead body of Dani Singh was held.    Injured Kundan  Singh was admitted in the hospital but he later died in the hospital.  On the  side of the prosecution, 14 witnesses were examined.  Five eye-witnesses

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were examined to prove the incident.  PW9 Suresh Singh is the main  witness to support the prosecution.  He deposed that all the appellants  came to the place of incident and   except Mangal Singh and Kali Singh, all  were armed with firearms and they   started firing and   he   moved towards  Dr. Umesh Singh’s field.  Appellants Sachitta Singh and Vidya Singh  chased him and when other witnesses came the accused ran away from  the field.  He admitted that there was some land dispute between himself  and the appellants.  The evidence of PW9 Suresh Singh would show that  the appellants Mangal Singh and Kali Singh had not done any overt acts.   He also does not speak about the exhortation allegedly made by  appellants Mangal Singh and Kali Singh.  He deposed only to the fact that  appellants Mangal Singh and Kali Singh started abusing and said that  PW9 Suresh Singh and others shall not be left and be killed.  PW-8  Mukhdeo Singh is another witness who was present at the place of the  incident.  He would say that Kali Singh and Mangal Singh shouted that "not  to leave them and kill them".

       The evidence of these two witnesses by itself would not prove the  real complicity of these two accused persons.  Moreover, these two  persons were not armed with any weapons.  We do not think that there  was any convincing evidence to prove that these two appellants also  shared the common object of the unlawful assembly.   

       As regards the other appellants, there is evidence beyond  reasonable doubt that they formed themselves into an unlawful assembly.   PW9 Suresh Singh and others deposed that after a wordy quarrel they  started using their fire arms to kill the two persons.  They have been rightly  convicted by the Sessions Court for the offence of Section 302 read with  Section 149 IPC.  The conviction of the appellants under Section 27 also  was fully justifiable and correct.   

       In the result, we find the appellants Mangal Singh and Kali Singh not  guilty of any offence punishable under law.  They are acquitted of all the  charges framed against them.   Criminal Appeal No. 770 of 2004 is partly  allowed and the appeals filed by other appellants are dismissed.   Appellants Mangal Singh and Kali Singh are on bail.  Their bail bonds are  discharged.