Budhan Singh & Ors vs State Of Bihar

A First Information Report was lodged by one Md. Saudagar on 14.1.1979 at about 9 p.m. in regard to an incident which is said to have taken place at about 7 p.m. on the same day, alleging that when he along with his co-villagers Syeduddin Nut (PW-2), Alauddin Nut (PW-3), Deo Nath Paswan (PW-9) and Lakhan Paswan (since deceased) were returning from Rajghat Mela, the accused Devi Dayal Singh, Mathura Singh, Sarjug Singh and Chuta Singh met them at the Alang in Adpakhanda whereupon Syeduddin asked the accused as regard their identity to which one of them replied that he was his father. Altercations and abuses thereafter followed. Devi Dayal Singh and Sarjug Singh were said to be having countrymade pistols with them. Chuta Singh, subsequently named as Chandrika Singh, allegedly had a rifle with him and Mathura Singh had a double barrel gun. They threatened to shoot the informant and his companions whereafter they ran towards their village Neora raising alarm Chor-Chor. On hearing such alarm, Mister Mian (deceased), brother of the informant and several other villagers rushed whereupon Devi Dayal Singh allegedly ordered to fire shots pursuant whereto four persons were said to have fired shots which hit the deceased Mister Mian. He fell on the agricultural field belonging to one Jalandhar Singh.

The accused persons thereafter were said to have fled away. The deceased was brought on a cot to the village by Deo Nath Paswan (PW-9), Md. Amanullah (PW-8), Jakiuddin (PW-7), Alauddin Nut (PW-3), Amiruddin (PW-10) and others at about 8 p.m. The accused persons snatched away the deceased Mister Mian along with the cot at the point of firearms whereupon people from village Shahpur including Mithila Sharan Singh (PW-1) arrived. An information is said to have been sent to the police station by telephone from a nearby Christian Mission at about 8.15 p.m. The dead body of Mister Mian was recovered from an open field situated about 750 yards away from the place wherefrom he had allegedly been taken away forcibly.

The learned Sessions Judge by reason of his judgment dated 29th November, 1986 convicted Devi Dayal Singh, Mathura Singh and Sarjug Singh for commission of an offence under Sections 302/34, 120B, 201 of the Indian Penal Code and Section 27 of the Arms Act. Chandrika Singh, however, was acquitted. The Appellants Rajendra Singh, Surendra Singh, Jagdish Singh, Arjun Singh along with Ram Yad Singh, Bikku Singh and Budhan Singh were, however, convicted only under Section 201 of the Indian Penal Code and were sentenced to undergo five years rigorous imprisonment.

Before the learned Trial Judge, the prosecution in order to prove its case examined 12 witnesses whereas the defence examined 8 witnesses on its behalf.

In view of the concurrent finding of fact by both the Courts, we are of the opinion that no case has been made out for exercising of this Court's jurisdiction under Article 136 of the Constitution of India.

It is, however, not in dispute that all the Appellants before us are aged more than 70 years. Rajendra Singh had been in custody for about five months. Surendra Singh is said to have been in custody for about three months fifteen days. Jagdish Singh was in custody about seven months whereas Arjun Singh was in custody for about four months. Having regard to the fact that all the Appellants before us are above 70 years of age and furthermore in view of the fact that as they were not connected with the first part of the occurrence, in our considered view, interest of justice would be subserved if they are sentenced to the period already undergone by them. The Appellants are on bail. They shall be discharged from their bail bonds. The appeal is allowed in part and to the extent mentioned hereinbefore.