Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.466 of 1989 =================================================== 1. Satyanarain Gorh son of Late Mahadeo Gorh 2. Ram Brichh Gorh Son of Satyanarain Gorh .... .... Appellant/s Versus The State of Bihar……………………………………………………….Respondent/s with Criminal Appeal (DB) No. 489 of 1989 =================================================== 1. Satnarain Sah Gond son of Late Mahadeo Gond 2. Ram Brichh Sah Gond son of Shri Satnarain Sah Gond Both resident of village- Mahuar, P.S. Semra, District- West Champaran .... .... Appellant/s Versus The State of Bihar……………………………………….. Respondent/s =================================================== Against the judgment of conviction and order of sentence dated 3rd August, 1989 passed by Sri D. N. Pathak, Ist Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 196 of 1984. =================================================== Appearance : For the Appellant/s : Mr. Birendra Kumar Jha, Advocate (Amicus Curiae) For the Respondent/s : Ms. Shashi Bala Verma, APP =================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 25-04-2012 Cr. Appeal No. 466 of 1989 is a Jail Appeal filed on behalf of both the convicts Satnarain Gond and his son Ram Brichh Patna High Court CR. APP (DB) No.466 of 1989 dt.25-04-2012 2 Gond and it was preferred contending that the appellants were so poor and helpless therefore, they could not dare to prefer an appeal before this Court. But just after preferring the appeal from jail, a regular appeal vide Cr. Appeal No. 489 of 1989 (DB) was preferred on behalf of both the convicts and in the jail appeal i.e. Cr. Appeal No. 466 of 1989 (DB) this Court on 3.10.1989 has granted bail to both the convicts but when bail was prayed for in regular appeal, then on 24.10.1989 prayer for bail of appellant no.1 Satnarain Gond was rejected. Subsequently he was also granted bail on 17.5.1990. Apparently it was a mistake which was not pointed out by the office and this fact has been noted in the subsequent order of regular appeal. 2. Appellant no. 1 Satnarayan Gond has been found guilty under [STATUTE] and his son appellant no. 2 Ram Brichh Gond has been convicted under [STATUTE] by the learned Ist Additional Sessions Judge, West Champaran, Bettiah on 3.8.1989 in Sessions Trial No. 196 of 1984 and both were sentenced to undergo rigorous imprisonment for life. 3. Before discussing oral as well as other evidence it would be appropriate to note some dates: Date of occurrence – 17.5.1984 at 7.00 AM Date of recording of fard-beyan- 17.5.1984 – at 5.00 PM Date of receiving of the FIR in the Court – on 22.5.1984 Patna High Court CR. APP (DB) No.466 of 1989 dt.25-04-2012 3 4. On 17.5.1984 Yogi Sah (PW 5) has given his fard-beyan (Ext. 1) at 5.00 PM at Subdivisional Hospital, Bagha alleging therein that Ram Brich Gond- son of Satnaraian Gond was unwell since the preceding day. Since morning of the date of occurrence, Kunti Devi wife of Satnarain Gond was roaming and naming Shanti Devi, the informant‟s wife as the witch who made her son unwell. The informant who was neighbour of the accused persons inquired from Kunti Devi, her husband Satnarain Gond and her son Ram Brichh Gond, who were making such false versions and he asked them against uttering such words. Ram Brichh Gond who was unwell threatened for stabbing. The informant, thereafter, went to the house of Duryodhan Chaudhary for giving tools. After some time the informant‟s wife and children came shouting that Ram Brichh Gond was wielding Farsa and was threatening to cut the informant‟s son and wife. The informant went to Kola and saw that Ram Brichh was wielding Farsa. The informant made himself bold and over powered Ram Brichh Gond and ultimately caught the Farsa. In this act the informant was assisted by the villagers Sudama Gond (PW 1), Brahmdeo Gond (PW 2), Ganga Chaudhary (not examined) and ultimately the Farsa was snatched. In course of snatching of Farsa the informant received injuries at his hand and chest. When the informant‟s wife Shanti Devi came in Kola then Satnarain Gond Patna High Court CR. APP (DB) No.466 of 1989 dt.25-04-2012 4 repeatedly assaulted her by lathi upon her head causing breakage of her head. She became unconscious and was carried to Semra Hospital. The snatched Farsa was deposited by the informant in Semra Police Station where no police officer was present there at that time. The informant‟s wife was serious so she was referred by the doctor to Bagha Hospital where she came and died at 1.30 PM. The fard-beyan was resulted into registration of Semra P.S. Case No. 12 dated 18.5.1985 under [STATUTE] . The formal FIR (Ext. 2) was drawn and the investigation was started. Inquest report (Ext. 3) was prepared, injury report (Ext. 5) and the post mortem report (Ext. 4) was obtained and after completion of investigation chargesheet was submitted. Accordingly, cognizance was taken and the case was committed to the court of Sessions where charge under [STATUTE] was explained to Satnarain Gond and charge under [STATUTE] were explained to both the convicts. They pleaded innocence and the trial proceeded. 5. From the trend of cross-examination, it appears that the defence of the accused was of false implication and also that death was on account of injury which was received on account of her collusion with the cut branch of Guava tree situated in the Kola and that accident was utilized to settle the old scores. Patna High Court CR. APP (DB) No.466 of 1989 dt.25-04-2012 5 6. The trial court after considering the evidence came to the opinion that the prosecution has been able to prove the charge against the accused persons b

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.