Motilal Singh and Others vs State of Bihar

K.T. Thomas and S.N. Variava, JJ.—There were two rival versions of one incident which happened at about 8 p.m. on 27.10.1981. One Sulakhan Singh and eight others were shot with gun. Sulakhan Singh died later at the hospital. Ten persons were arraigned as accused. The trial court acquitted A-4-Shyamjit Singh and convicted A-1-Sheoji Singh u/s 302, Indian Penal Code and A-3-Ramji Singh u/s 302 read with Section 149, Indian Penal Code and sentenced them to life imprisonment. A-2-Rajballam Singh, A-8-Motilal Singh and A-10-Ramchandra Singh were convicted only u/s 148 and were sentenced to suffer R.I. for 2 years while A-5-Jatan Singh, A-6-Bharath Singh, A-7-Hare Kishan Singh and A-9-Dhuplal Singh were convicted u/s 147, Indian Penal Code and they were sentenced to R.I. for one year.

All the convicted persons filed appeals before the High Court and their appeals were dismissed. When the appeals were pending in the High Court, A-10-Ramchandra Singh died. The remaining convicted persons preferred these appeals by special leave. When the appeals were pending, A-3-Ramji Singh died. The resultant position is that there are only seven accused now.

The occurrence according to the prosecution is the following:

There was a dispute regarding the land on which a hut was erected. On the morning of occurrence, all the accused proceeded towards the hut. P.W. 10 (Daroga Singh) was then inside the hut. When the accused started demolishing the hut, P.W. 10 (Daroga Singh) objected. Then A-1-Sheoji Singh fired at him. The cartridges were replenished by A-3-Ramji Singh and thereafter A-1-Sheoji Singh continued to fire indiscriminately during which eight persons sustained firearm injuries. One of them (Sulakhan Singh) died two days later.

The defence adopted was broadly that P.W. 10 - Daroga Singh and his associates went to the house of A-1-Sheoji Singh and attacked him and his father and an encounter took thereafter. Some of the accused also sustained injuries among which the A-10-Ramchandra Singh had a cut on the bone of the head. The injuries on the persons of other accused were all simple. A first information report was lodged by P.W. 10 - Daroga Singh at 9 p.m. on the date of occurrence itself in which the version of the prosecution was furnished at the earliest point of time. Subsequently, the police recorded a statement from A-9-Dhuplal Singh at 10.45 a.m. in which he gave his version of what happened.

The trial court and the High Court found the accused party to be aggressor and hence the conviction and sentence as aforesaid. After going through the evidence of the material witnesses we are unable to hold that the prosecution party was the aggressor. The finding recorded by the trial court and the High Court in that regard, therefore, needs no interference.

We, therefore, confirm the conviction and sentence passed on A-1-Sheoji Singh and dismiss the appeal filed by him. The remaining Appellants were convicted only under Sections 147 and 148, Indian Penal Code and we have no reason to acquit them of the said offences. However, in the circumstances of this case the sentence of imprisonment for those lesser offences can be reduced to the period of imprisonment which those accused have already undergone. We do so.

With the above slight modification in regard to the sentence of the offences under Sections 147 and 148, Indian Penal Code, we dispose of these appeals.