Case Facts:
Patna High Court CR. APP (DB) No.149 of 1989 dt.26-03-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.149 of 1989 ------- Against the judgment of conviction and order of sentence dated 09.03.1989 passed by Sri Ashok Kumar Verma, Ist Additional Sessions Judge, Gopalganj in Sessions Trial No. 80 of 1980/1 of 1985. =============================================== 1. Harindra Chaudhary son of Nathuni Chaudhary 2. Kailash Chaudhary son of Baldeo Chaudhary 3. Kailash Gond son of Jaishri Sao All three are residents of village Gamharia P.S. Jadopur (Gopalganj), District Gopalganj 4. Bhagelu Chaudhary @ Bhagelu Ahir son of Bhoj Ahir,resident of village Nawadah,P.S.Jadopur (Gopalganj),District Gopalganj ..Appellants Versus The State Of Bihar .... .... Respondent =============================================== Appearance : For the Appellants : Mr.Y.V.Giri,Sr.Advocate Mr.V.R.Bharti and Mrs.Shashi Priya Pathak, For the Respondent : 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: 26-03-2012 ------ The above named four appellants have preferred this appeal against the judgment dated 9th March, 1989 passed by learned Ist Additional Sessions Judge, Gopalganj in Sessions Trial No. 80 of 1980/1 of 1985 convicting the appellants under [STATUTE] Patna High Court CR. APP (DB) No.149 of 1989 dt.26-03-2012 2 and sentencing them to undergo rigorous imprisonment for life. 2. More than 32 years earlier i.e. exactly on 04.11.1979 at 5.30 P.M. Babu Nand Manjhi died on account of use of fire arm. The fardbeyan (Ext.3) with regard to that occurrence led to registration of formal F.I.R. (Ext.1) of Gopalganj (Jadopur) P.S.Case No. 2 (11)79. The informant Mahattam Manjhi (P.W.1) son of Rang Lal Manjhi gave his statement which was recorded by Sub-Inspector of Police, V.N.P.Tiwary Officer-in- charge of Jadopur police Station (not examined) at 11.00 P.M. on 04.11.1979 near Jadopur Police station. The informant Mahattam Manjhi narrated that on 04.11.1979 at 4.00 P.M. Kailash Gond of his village came to his darwaza and asked the informant’s son Babu Nand Manjhi to accompany him and the purpose stated was for playing football. At that very time, the informant (P.W.1), his uncle Brichcha Dusadh (P.W.2) and informant’s wife Tetari (P.W.10) were at the house. Brichcha Dusadh asked Babu Nand Manjhi not to go with Patna High Court CR. APP (DB) No.149 of 1989 dt.26-03-2012 3 Kailash Gond but Babu Nand Manjhi declined and proceeded. Babu Nand Manjhi was of handsome personality and he was a member of dance party which was owned by Brichcha Manjhi. Babu Nand Manjhi was a skill dancer. At about 5.45 P.M. Babu Nand Manjhi was returning after playing football along with Kailash Gond, Kailash Choudhary, Bhagelu Ahir and as soon as they reached near the house of Shiv Nath Chamar (not examined) sound of a gun firing was heard. Informant and her family members rushed towards the place from where sound of gun firing was heard and saw the companions of Babu Nand Manjhi retreating towards their home. When the informant reached near the house of Shiv Nath Chamar, he found Babu Nand Manjhi dead and the deceased was having gun shot injury. At that time a country made gun was with Babu Nand Manjhi which he has taken from his house. In the night of Saturday i.e. on the day of preceding occurrence, the deceased had been to see a dance of Kanhaiya Ram and had returned at 2.00 A.M. and sat near Patna High Court CR. APP (DB) No.149 of 1989 dt.26-03-2012 4 the fire and the informant also went there. In the meantime, Harindra Chaudhary, Kailash Gond also reached there and they also sat near the said fire. Both started talking with the deceased. The informant heard that Harindra Chaudhary was threatening Babu Nand Manjhi to kill him by fire arm whereas Kailash Gond was suggesting to assault him with Bhala. The informant understood that they were making joke themselves, so he could not intervene. After occurrence the informant understood that Harindra Chaudhary had made a plan to kill his son in the dance party. Brichcha Manjhi, Kailash Manjhi, Tetri Devi, Most. Bechani Devi are named witnesses of the F.I.R. and it has been stated that they have seen the occurrence. The fardbeyan was having Kailash Manjhi (P.W.4) as an attesting witness and Moti Lal Yadav was also attesting witness but he has not been examined. After registration of formal F.I.R. investigation was taken up. The post mortem report was obtained. The case was found to be true under Patna High Court CR. APP (DB) No.149 of 1989 dt.26-03-2012 5 [STATUTE] and so the chargesheet was submitted against the accused persons. Cognizance was taken and the case was committed to the court of Sessions where charge under [STATUTE] was framed and explained to the accused persons to which they pleaded innocence. Hence trial proceeded. 3. The defence of the appellants was of false implication and that the deceased was a man of questionable personality and it was not a case of murder rather it appears to be a case of suicide or of accidental death due to fire. 4. In order to prove its case, the prosecution examined 14 witnesses. They are : P.W.1 Mahattam Manjhi, P.W.2 Brichha Manjhi, P.W.3 Sheo Nath Ram, P.W.4 Kailash Manjhi, P.W.5 Sugiya Devi, P.W.6 Shiv Shankar Chamar, P.W.7 Raghunath Chamar, P.W.8 Bismaniya Devi, P.W.9 Panmatiya, P.W.10 Tetaree, P.W.11 Nagdeo Rai, P.W.12 Banka Ram, P.W.13 Dr.Lakhichand Prasad and P.W.14 Barister Singh. Patna High Court CR. APP (DB) No.149 of 1989 dt.26-03-2012 6 5. P.Ws. 3,7,9 and 12 were tendered by the prosecution. P.Ws.4,5 and 6 did not support the prosecution allegation, so they were declared hostile by the prosecution and they were permitted to be cross-examined. P.W.14 is a f

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.