Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.10 of 1990 =========================================================== 1. Sudama Chaudhary, son of Narain Chaudhary. 2. Ram Sewak Chaudhary, son of Basawan Chaudhary. 3. Rambali Chaudhary, son of Jagdeo Chaudhary. 4. Babulal Chaudhary, son of Dukhi Chaudhary. (All residents of village-Chaumukha, P.S.- Vijaipur, District- Gopalganj) .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant/s : Mr. Thakur Brajesh Singh, Amicus Curiae For the Respondent/s : Ms. Shashi Bala Verma, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 30-03-2012 No body appears on behalf the appellants despite repeated calls. 2. This is an old case and it would not be proper to wait further for appearance of the learned lawyer for the appellants. 3. Mr. Thakur Brajesh Singh, Advocate is present in the Court and he is requested to assist the Court as Amicus Curiae on behalf of the appellants. 4. Mr. Thakur Brajesh Singh, Advocate is appointed as Amicus Curiae on behalf of the appellants, who will assist the Court after lunch interval. 5. Let a copy of the brief be handed over to him. Patna High Court CR. APP (DB) No.10 of 1990 dt.30-03-2012 2 6. After lunch interval, with the assistance of the learned Amicus Curiae, this appeal is being disposed of. 7. Sudama Chaudhary, Ram Sewak Chaudhary, Rambali Chaudhary and Babulal Chaudhary have appealed against the judgment and order dated 21.12.1989 passed by the learned 3rd Additional Sessions Judge, Gopalganj in Sessions Trial No.06/1982 holding the appellants guilty under [STATUTE] . and sentenced each of them to undergo rigorous imprisonment for life. 8. 32 years ago at 4 P.M. on 11.01.1980, Paramhans Sharma (deceased) was preparing a cot at the Darwaja of his villager Bulki Chaudhary (not examined). At that very time, Sudama Chaudhary armed with pistol, Ram Sewak Chaudhary, Rambali Chaudhary and Babu Lal Chaudhary armed with Bhala came. As soon as they came, Sudama Chaudhary fired from his pistol causing injury upon right leg of Paramhans Sharma and rest three accused assaulted Paramhans Sharma with Bhala upon his left abdomen, right chest and left hand. On alarm, the villagers Ram Kewal Chaudhary (P.W.5), Mangru Chaudhary (P.W.4), Bhrigurasan Chaudhary (P.W.1) and Dhari Chaudhary (P.W.3) came and witnessed the occurrence. Due to land dispute between the parties, the occurrence has taken place. The Fardbeyan (Ext.2) of the injured Paramhans Sharma resulted into the formal F.I.R. (Ext.1) vide Vijaipur P.S. Case No.1 dated 11.01.1980 under [STATUTE] . and Section 27 of the Arms Patna High Court CR. APP (DB) No.10 of 1990 dt.30-03-2012 3 Act. The Fardbeyan was attested by Kapildeo Chaudhary and Ramchandra Mishra (both not examined) and was written by S.I. Harindra Prasad Singh (not examined). After recording of the Fardbeyan, investigation started. The injured died at Deoria Hospital in the State of U.P. on 25.01.1980 and on the statement of I.O, [STATUTE] . was added. Charge-sheet was submitted. Cognizance was taken and case was committed to the court of sessions where the charge under [STATUTE] . was explained against all the accused persons, who pleaded innocence and hence, the trial proceeded. 9. The defence of the accused persons was of false implication on account of enmity, which was coming from before. 10. Before the trial court, the prosecution has examined 11 witnesses. They were P.W.1 Bhrigurasan Chaudhary, P.W.2 Sahdeo Sharma, P.W.3 Dhari Chaudhary, P.W.4 Mangru Chaudhary, P.W.5 Ram Kewal Yadav, P.W.6 Amarendra Verma, P.W.7 Nagendra Mishra, P.W.8 Dhirendra Krishna Sinha, P.W.9 Dr. Babu Lal Gupta, PW. 10 Dr. Kamlesh Prasad Verma and P.W.11 Uday Bhanu Mishra. 11. P.W. 3 and P.W.4 were tendered by the prosecution. P.W.6 and P.W.7 were formal witnesses. P.W.6 has proved the writing of Sri D.K.Sinha upon FIR, which has been marked as Ext.1. P.W.2 has identified the signature of the A.S.I and signed on the Fardbeyan, which was marked as Ext.2. P.W.9 has given initial Patna High Court CR. APP (DB) No.10 of 1990 dt.30-03-2012 4 treatment to the injured Paramhans Sharma and P.W.10 has held the post-mortem examination on the body of the deceased. The material witnesses of the prosecution were P.W.8, the informant supported by P.W.s 1, 2 and 5. 12. P.W.1 has stated that at 4.00 P.M. on the date of occurrence about 7 years earlier, Paramhans Sharma (deceased) was preparing a cot at his Darwaja and the cot was being prepared by his brother Mulki Chaudhary. At that time, the informant was going to bring fodder for his cattle. At that very time, Sudama Chaudhary, Ram Sewak Choudhary, Ram Bali Chaudhary and Babu Lal Chaudhary came. Sudama was armed with pistol and rest three with Bhalas. Sudama injured Paramhans by his pistol, as a result of which, he fell down and when he fell down, other three persons assaulted him on his stomach, back, chest and on other parts of body. On cry, several persons came. In his cross-examination, this witness has stated about the enmity and has stated that a dacoity was committed and in that dacoity, he and P.W.4 were the accused. Many questions were asked from this witness, but he has not replied and he has kept mum. This fact has been noted in deposition of P.W.1 (Paras 11 and 20). The questions asked from this witness, which could not be replied. When simple question asked from him as to whether Paramhans Sharma was in possession of land or not, but the witness has kept mum. When he was asked to say about some plots number, then he Patna High Court CR. APP (DB) No.10 of 1990 dt.30-03-2012 5 has also kept mum. He was asked abo

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.