Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.325 of 1988 ------- Against the judgment of conviction and order of sentence dated 16.06.1988 passed by Sri Laxaman Uraon,5th Additional Sessions Judge, Rohtas in Sessions Trial No. 507 of 1985. =========================================================== 1. Sita Ram Singh son of Jagdeo Singh 2. Ramesh Singh son of Awadh Bihar Singh 3. Bharat Singh son of Sitaram Singh 4. Kameshwar Singh son of Late Rupnarayan Singh 5. Satendar Singh son of Ramkrit Singh 6. Arbind Singh son of Awadh Bihar Singh 7. Anil Singh son of Kameshwar Singh 8. Rajendra Singh son of Ram krit Singh 9. Nagendra Singh son of Sri Kameshwar Singh All are residents of village Patanawa, P.S.Indrapuri, District Rohtas ----- Appellants Versus The State of Bihar ----- Respondent =========================================================== Appearance : For the Appellants : M/s Kanhaiya Prasad Singh, Sr.Advocate Sudarshan Sharma, Jyotsana Kumari, and Birendra Kumar Singh, Advocates For the Respondent : Mr. Dilip Kumar Sinha, Addl.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 --------- The appellants have assailed the judgment of conviction and order of sentence dated 16th June, 1988 passed by 5th Additional Sessions Patna High Court CR. APP (DB) No.325 of 1988 dt.04-01-2012 2 2 Judge, Rohtas in Sessions Trial No. 507 of 1985 by which appellant nos. 1 to 7 (Sita Ram Singh, Ramesh Singh, Bharat Singh, Kameshwar Singh, Satendra Singh, Arbind Singh and Anil Singh respectively) have been convicted under Section 302 read with Section 149 of the Indian Penal code and have been sentenced to undergo rigorous imprisonment for life, appellant nos.6 and 7 (Arbind Singh and Anil Singh) have further been convicted under Section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for three years each and appellant nos. 8 and 9 (Rajendra Singh and Nagendra Singh) have been convicted under [STATUTE] and have been sentenced to undergo rigorous imprisonment for life. The sentences of appellant nos. 6 and 7 (Arbind Singh and Anil Singh) were ordered to run concurrently. 2. The written report (Ext.2) by Alok Singh (P.W.6) addressed to Officer-in-charge, Indrapuri, Rohtas detailed the occurrence of Patna High Court CR. APP (DB) No.325 of 1988 dt.04-01-2012 3 3 morning of 30th March, 1983. According to him, at about 7.30 A.M. Basishth Singh (deceased) was sitting at the outer house of Udai Kant Singh (P.W.7). At that very time, some villagers including Rajendra Singh and Nagendra Singh came with daggers. Arbind Singh and Anil Singh were possessing guns. Satendra Singh was having garasa. Sita Ram Singh, Bharat Singh, Ramesh Singh and Kameshwar Singh were having lathis in their hands. Suddenly Rajendra Singh and Nagendra Singh indiscriminately stabbed Bashishth Singh and when Bashishth Singh fell down Nagendra Singh further stabbed him on his chest. Villagers including Indradeo Singh, Uday Kant Singh and Ram Pravesh Singh were present there and they witnessed the occurrence. On the basis of this written report, a formal first information report was drawn Vide Dehri (Indrapuri) P.S.Case No. 108 of 1983 under Sections 147,148,149 and 302 of the Indian Penal code. The investigation was taken up. Inquest report (Ext.5) of the dead body of the deceased Patna High Court CR. APP (DB) No.325 of 1988 dt.04-01-2012 4 4 was prepared. During investigation, blood and dagger were seized and seizure list was prepared on which the witnesses have signed. After receipt of the post mortem report (Ext.3), recording statement of witnesses and after inspecting the place of occurrence, the case was found to be true and chargesheet was submitted. Cognizance was taken and thereafter the case was committed to the court of sessions where charge under [STATUTE] was framed against all the nine accused persons, charge under [STATUTE] was also framed accused Rajendra Singh and Nagendra Singh and charge under Section 27 of the Arms Act was also framed against accused Arbind Singh and Anil Singh. Charges were explained to the accused persons who pleaded innocence and preferred to face the trial. 3. The defence of the accused persons was of false implication on account of the fact that one day prior to the occurrence, they were mercilessly assault by the prosecution party and Patna High Court CR. APP (DB) No.325 of 1988 dt.04-01-2012 5 5 while they were undergoing treatment Bashishth Singh was killed by strangers and only with a view to put pressure on the accused persons, present case has been filed. 4. The trial court after considering the depositions of the prosecution and the defence witnesses, examination of the accused persons and after hearing the submissions came to the opinion that the prosecution has been able to prove the charges against the accused persons beyond the shadow of all reasonable doubts and hence convicted and sentenced them, as stated above. 5. This court is required to reappraise the evidences on record and to see as to whether the prosecution has succeeded in proving the case against the appellants beyond the shadow of all reasonable doubts. 6. In order to prove its case, the prosecution has examined altogether 14 witnesses. They are : P.W.1 Sheo Dayal Singh, P.W.2 Surya Deo Singh, P.W.3 Nand Kishore Singh, Patna High Court CR. APP (DB) No.325 of 1988 dt.04-01-2012 6 6 P.W.4 Indra Deo Singh, P.W.5 Dr.Sudhir Kumar Sinha who conducted post mortem over the dead body of Bashishth Singh, P.W.6 Alok Singh, the informant of the case, P.W.7 Uday Kant Singh, P.W.8 Mahendra Singh, P.W.9 Alok Kumar Singh, P.W.10 Ram Baleshwar Singh, P.W.11 Braj Kishore Singh, P.W.12 Narendra Singh, P.W.13 Shiv Balak Lal and P.W.14 Dina Nath Singh

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.