Case Facts:
Patna High Court CR. APP (DB) No.291 of 1989 dt.21-03-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.291 of 1989 (Against the judgment and order dated 24.06.1989 passed in Sessions Trial No.59 of 1982 by Mr. S.M.I.I.F. Alam, 4th Additional Sessions Judge, Arrah) =========================================================== 1. Gorakh Tiwari, son of Late Gauri Shankar Tiwari (Died). 2. Shambhu Tiwari, son of Late Gauri Shankar Tiwari. 3. Ram Raj Ahir, son of Late Munshi Ahir. 4. Sheo Raj Ahi, son of Late Munshi Ahir. 5. Brij Kumar Tiwari, son of Late Sukhdeo Tiwari (Died). (All residents of village-Baijnathpur, P.S.- Nawanagar, District- Bhojpur) 6. Ram Nath Dusadh, son of Late Nithali Dusadh, resident of village- Kulamanpur, P.S.-Nawanagar, District- Bhojpur. .... .... Appellants Versus The State of Bihar .... .... Respondent With Criminal Appeal (DB) No. 297 of 1989 =========================================================== Akhileshwar Tiwary, son of Dukhan Tiwary, resident of village- Kulamanpur, P.S.- Nawanagar, District- Bhojpur. .... .... Appellant Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant/s : Mr. Sri K.N.Choubey, Sr. Advocate : Mr. Siddharth Narsh, Advocate For the Respondent/s : Mr. Shivesh Chandra Mishra, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 21-03-2012 Cr. Appeal No.291 of 1989 (D.B.) of Shambhu Tiwari, Ram Raj Ahir, Sheo Raj Ahir and Ram Nath Dusadh and Cr. Appeal Patna High Court CR. APP (DB) No.291 of 1989 dt.21-03-2012 2 No.297 of 1989 (D.B.) of Akhileshwar Tiwari have been taken together because all the appellants have been convicted and sentenced by a common judgment and order passed on 24.06.1989 in Sessions Trial No.59 of 1982 by the learned 4th Additional Sessions Judge, Arrah whereby these appellants and others, who are now dead were found guilty under [STATUTE] . for which they were sentenced to undergo rigorous imprisonment for life, whereas, for offence punishable under [STATUTE] ., the appellants were convicted and sentenced to undergo rigorous imprisonment for two years. The sentences were ordered to run concurrently. 2. The allegation relates to an occurrence of 7.08.1981 at 5.00 P.M. On that date, in the evening, the informant’s brother Lakshman Tiwari alongwith Krishna Bhagawan Tiwari (P.W.5) had gone to Thakahi Badhar to watch his field. When the sun set, then Krishna Bhagawan Tiwari (P.W.5) came running to the house and informed the informant (P.W.6) that Tika Baba @ Lakshaman Tiwari was being assaulted by accused Akhileshwar Tiwari, Rampati Tiwari, Gorakh Tiwari, Ramnath Dusadh, Ramraj Ahir and 4 to 5 others. The informant (P.W.6) after getting this information went to the canal alongwith his brother Sirhari Tiwari (P.W.4) for rescue of Lakshaman Tiwari. When the informant and his brother (P.W.4) reached near the Mahua tree of the canal, then he saw accused Akhileshwar Tiwari Patna High Court CR. APP (DB) No.291 of 1989 dt.21-03-2012 3 with Rama and Kudal, Rampati Tiwari with Bhala, Gorakh Tiwari with Lathi, Shambhu Tiwari with Rama, one Dusadh with lathi, Ramraj Ahir with lathi, Shiv Raj Ahir with Rama going swiftly towards village-Baijnathpur. The informant and his brother did not speak anything on account of fear and started searching for his brother Lakshaman Tiwari, but they could not trace out him. The informant and his brother returned to the village and narrated about the occurrence to Chaukidar (not-examined). In the next morning at about 5.00 A.M., the informant alongwith Kamala Tiwari, Alakh Dafadar, Doma Dusadh, Choukidar Ramsohag went to search out Lakshaman Tiwari and when they reached on the crossing of Sidhupur road and Dumraon canal road, they found trail of blood. The informant and others further proceeded and they discovered the dead body of his brother in bush of “BEHAYA” on the bank of river. The informant (P.W.6) alongwith others took out the dead body of Lakshaman Tiwari and several injuries were noticed on the dead body. The informant and others persons were trying to carry the dead body to the police, but the police came and fardbeyan (Ext.2) was given. Formal FIR of the case relating to Nawanagar P.S. Case No.105 dated 7.08.1981 was registered under [STATUTE] . The inquest report (Ext.4) of the dead body was prepared. Seizure of bloodstain was made. Post mortem report (Ext.6) was obtained. Patna High Court CR. APP (DB) No.291 of 1989 dt.21-03-2012 4 Statements of the witnesses were taken and after completion of the investigation, charge-sheet was submitted. The case was triable by the court of sessions, so it was committed to the court of sessions where charges under [STATUTE] . were explained against seven persons namely, Akhileshwar Tiwary, Gorakh Tiwary, Shambhu Tiwari, Ramraj Ahir, Sheoraj Ahir, Ramnath Dusadh and Brij Kumar Tiwari. The accused persons pleaded not guilty and claimed to be tried. 3. The defence of accused persons was of false implication due to outstanding enmity between the parties. 4. In course of trial, the prosecution has examined 8 witnesses. They are namely, Basisth Tiwary (P.W.1), Madan Mohan Tiwary (P.W.2), Sohari Yadav (P.W.3), Shrihari Tiwary (P.W.4), Krishna Bhagwan Tiwari (P.W.5), Barhama Tiwary (P.W.6), Punit Lal Sah (P.W.7) and Dr. Dayanand Sinha (P.W.8). 5. The trial court after considering the evidence found these appellants and two others as guilty and two separate appeals were preferred on behalf of them. While the appeal was pending then this Court was informed about the death of the appellants Gorakh Tiwari and Brij Kumar Tiwari in Cr. Appeal No.291 of 1989 (D.B.) and so, the Cr. Appeal No.291 o

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.