Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.512 of 1989 =========================================================== 1. RAM LAGAN NONIA SON OF MANGAR NONIA, R/O VILLAGE-ARAIT, P.S.- CHANDI, DISTRICT- NALANDA 2. SHEONANDANNONIA SON OF DASRATH NONIA 3. BALMIKI NONIA SON OF SHEONANDAN NONIA 4. SARJUG NONIA SON OF PAREMESHWAR NONIA 5. RAM PEYARE NONIA SON OF RUPLAL NONIA 6. RAMADHIN NONIA SON OF RUPLAL NONIA 7. MITHLESH NONIA SON OF RAMADHIN NONIA 8. SUKHDEO NONIA SON OF MUNSHI NONIA 9. MUNSHI NONIA SON OF CHARITRA NONIA ALL RESIDENT OF VILLAGE- TARAUNI, P.S.- NARDIGANJ, DISTRICT- NAWADAH…………………………………...... .... APPELLANT/S Versus THE STATE OF BIHAR ………………………... .... RESPONDENT/S with Criminal Appeal (DB) No. 530 of 1989 =========================================================== 1. KAMLAIN NONIA SON OF SHEONANDAN NONIA 2. RAM BALAK NONIA SON OF PAREMESHWAR NONIA 3. PAREMESHWAR NONIA SON OF DASRATH NONIA 4. CHANDRAMANI NONIA SON OF PARMESHWAR NONIA 5. NARESH NONIA SON OF RAM PEYARE NONIA 6. BIRJU NONIA SON OF MUNSHI NONIA ALL RESIDENT OF VILLAGE- TARAUNI, P.S. NARDIGNAJ, DISTRICT- NAWADAH.... ……………………………………………. .... APPELLANT/S Versus THE STATE OF BIHAR …………………………………. .... RESPONDENT/S =========================================================== Appearance : For the Appellant/s : Mr. Kanahiya Prasad Singh, Sr. Advocate Mr. Nachiketa Jha, Advocate For the Respondent/s : Ms. Shashi Bala Verma, APP =========================================================== Against the judgment of conviction and order of sentence dated 23rd September, 1989 passed by Sri K. M. Toppo, Ist Additional Sessions Judte, Nawadah in Sessions Trial No. 62 of 1988 / 41 of 1988. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 03-04-2012 Above noted both the appeals have been taken up together because both the appeals have arisen out of common judgment dated 23rd September, Patna High Court CR. APP (DB) No.512 of 1989 dt.03-04-2012 2 1989 passed in Sessions Trial No. 62 of 1988 / 41 of 1988 by the learned Ist Additional Sessions Judge, Nawadah whereby all the accused/appellants were held guilty under [STATUTE] . In addition thereof accused/appellant Kamlain Nonia was held guilty under sections 3 and 4 of the Explosive Substance Act. No separate sentence under the provision of Explosive Substance Act was imposed. Each of the appellants were awarded sentence to undergo imprisonment for life. 2. Initially Cr. Appeal No. 512 of 1989 (DB) was filed on behalf of 9 appellants. It has been pointed out to this Court that Ram Lagan Nonia, Sheonandan Nonia, Sarjug Nonia, Ram Peyare Nonia and Munshi Nonia have died. A report was called for which confirms the contention of the appellants so the proceeding against the appellants of Cr. Appeal No. 512 of 1989 (DB), namely, Ram Lagan Nonia, Sheonandan Nonia, Sarjug Nonia, Ram Peyare Nonia and Munshi Nonia stands abated and the appeal is confined to Balmiki Nonia, Ramadhin Nonia, Mithlesh Nonia and Sukhdeo Nonia only. 3. Chando Nonia (PW 7) lodged the fard-beyan on 31.5.1987/1.6.1987 at 1.00 AM before the Officer Incharge of Nardiganj Police Station stating that at about 6.30 P.M. on the previous evening there was altercation between Musafir Nonia (PW 6) and Kamlain Nonia in course of which Kamlain Nonia along with Saryug Nonia of village Tarauni threw bomb towards the house which exploded in front of the house causing injury to Girani Nonia- Son-in-law of the informant. The injury was on the neck. Further allegation was that on preceding night at 9.30 PM, the informant’s brother Sahdeo Nonia along with his villager Radhey Nonia (PW 3) proceeded towards village Masaurha and after some times cry of his brother Sahdeo Nonia (deceased) was heard on which the informant Chando Nonia (PW 7) along with others namely, Musafir Nonia (PW Patna High Court CR. APP (DB) No.512 of 1989 dt.03-04-2012 3 6), Bengali Nonia (PW 9), Ramjee Nonia (not examined), Gajadhar Nonia (not examined), Bisheshwar Nonia (not examined) having torches went towards the site from where the cry was being heard. All were having torches in their hands and when they reached to Kutcha road south of Masaurha then the informant found his brother Sahdeo Nonia lying. Further allegation in the fard-beyan was that Kamlain Nonia, Parmeshwar Nonia, Chandramani Nonia, Naresh Nonia, Briju Nonia having Garansa, Saryug Nonia having sword, Munshi Nonia having Bhala and other named accused persons including Ramadhin Nonia, Ram Pyare Nonia and Balmiki Nonia were having lathi. They were assaulting Sahdeo Nonia. When the informant reached near body of his brother then all the accused persons fled away. The deceased was being carried to the police station on cot but in the way he succumbed to injuries which he has received in the preceding night. The motive assigned by the informant was that on account of previous litigation going between the parties, the offence was committed by the accused persons. The fard-beyan resulted into formal FIR (Ext. 3) of Nardiganj P.S. Case No. 20 of 1987 dated 1.6.1987 under [STATUTE] as well as under sections 4 and 5 of the Explosive Substance Act and investigation was taken up. Inquest report (Ext. 4) was prepared, injury reports of Nande Nonia and Girani Nonia (Ext. 6 & 6/1) were obtained. The post mortem report (Ext. 1) was obtained and statements of witnesses were recorded. The place of occurrence was inspected by the Investigating Officer- PW 10 Chandrabhushan Sharma. Sanction for the prosecution for identification was marked as Ext-X and the sanction order of the District Magistrate was marked as Ext-8. The case was found to be true, so the chargesheet was submitted. Accordingly, the cognizance was taken and the case was committed to the court

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.