Sikandar Singh & Ors vs State Of Bihar

2. In all, eight persons, namely, Rajeshwar Singh @ Kamta Singh, Nagina Singh, Sheo Jee Singh @ Akshay Singh, Awadhesh Singh, Sikandar 2 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 3 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:

4. Overhearing the cries, certain villagers including Jagdish Singh (PW-1), Samhoot Singh (PW-2), Harihar Singh (PW-3) and Chandrama Singh rushed to the spot and witnessed the incident. PW-5-Gupteshwar Singh (uncle of the deceased) rushed to the police station and on the basis of his statement, a First Information Report (FIR) was recorded at about 1.00 p.m. on the same day. The autopsy was conducted by Dr.Kamta Prasad Rai (PW-7) on the body of Upendra Singh. He noted the following injuries:

(ii) On internal examination trachea was found full of blood clots. Oesophagus (sic) contained blood clots 10 pellets injuries on left lung causing laceration of lung-tissues and blood vessels 5 inside it. 2 pellet injuries causing laceration and puncture of right lung tissue. Upper portion of diaphagram on left side was lacerated and haemorrhaging. 5 punctured wound by pellet on stomach causing illegible of its contents i.e. un-digested food. 7 pellet injuries on heart puncturing its chamber. All chambers of heart were empty and whole chest cavity was full of blood clots."

5. Rajendra Singh (PW-4) was examined by Dr.Vijai Pratap Singh (PW-

31.For the afore-mentioned reasons, we do not find any merit in the appeal and the same is dismissed accordingly.

JULY 9, 2010.