Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.535 of 1990 =========================================================== 1. Ram Baboo Bhagat, son of Baiju Bhagat, resident of village Methaura Police Station Dumra, District Sitamarhi 2. Ram Shrestha Raut, son of Basudeo Raut, resident of village Garha Bhedpur, P.S. Jalesar, District Janakpur, Nepal .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant/s : Mr. Hemant Kumar Jha, Adv. For the Respondent/s : Ms. Shashi Bala Verma, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA) Date: 22-11-2012 This appeal is directed against the judgment of conviction and sentence dated 30.11.1990 passed by the Sessions Judge, Sitamarhi in S.Tr.No. 66/1990 arising out of Dumra P.S.Case No. 194/1989 whereby and whereunder both the appellants have been convicted for offence under [STATUTE] and have been sentenced to undergo Rigorous Imprisonment for life on each of the count of [STATUTE] . as also five years R.I. for offence under [STATUTE] . Such sentences, however, in case of both the appellants have been directed to run concurrently. 2. The prosecution case in nut-shell as per the First Information Report of Shankar Rai (P.W.7) lodged by him on Patna High Court CR. APP (DB) No.535 of 1990 dt.22-11-2012 2 17.11.1989 at about 12.30 P.M. in the afternoon in Dumra Police Station is that on 9.11.1989 at about 9 A.M. in the morning he had seen the appellant Ram Babu Bhagat to have arrived in his house and had also taken away his father. According to the informant when his father did not return in next 2-3 days, he had gone to the house of Ram Babu Bhagat to ascertain the whereabouts of his father but he could not get hold of Ram Baby Bhagat and his mother Surajbati Devi was also not available in the house. The informant has further stated that on enquiry all that he could come to know was that some 2-3 days earlier Surajbati Devi alongwith his brother appellant Ram Shrestha Raut and appellant Ram Babu Bhagat had left their house at about 8 A.M. in the morning and had not returned as yet. 3. The informant in the F.I.R., therefore, had also claimed that his doubt with regard to safety and life of his father had further increased and he had started making hectic search of his father with the help of his family members but he could not get any information about him. As per version of the informant, on 15.11.1989 he had met the appellant Ram Shrestha Raut and Ram Babu Bhagat who were returning to their house and the informant at his own Darwaja had made enquiry as with regard to the whereabouts of his father who earlier had gone with them but both the appellants had feigned Patna High Court CR. APP (DB) No.535 of 1990 dt.22-11-2012 3 ignorance as with regard to trace of the father of the informant and has stated that they did not know where his father had gone. On this statement of the appellants, the informant has claimed that he became confident that the two appellants in company of co-accused Surajbati Devi had kidnapped his father for committing some serious offence. The informant has also stated that his father was the Chaukidar and used to frequently visit the house of Surajbati Devi as also of the two appellants Ram Shrestha Raut and Ram Babu Bhagat. 4. On the basis of the aforementioned information given by the informant Shankar Rai (P.W.7) the police had instituted Dumra P.S.Case No. 194/1989 initially under [STATUTE] . and had taken up the investigation. Later on it appears that in the night of 17.11.1989 the police had arrested Surajbati Devi and the appellant Ram Shrestha Raut from the house of the sister of Surajbati Devi at 1.40 A.M. and when they had made a confessional statement as with regard to kidnapping as also murder of Musahar Rai, deceased, the father of the informant, and had disclosed the concealment of the dead body in the field of Uttim Raut in eastern portion of village Bela, a dead body without its head was recovered at 9 A.M. on 19.11.1989 whereafter the offence under [STATUTE] . was added in the F.I.R. of Dumra P.S. Case No. 194/1989 and the police Patna High Court CR. APP (DB) No.535 of 1990 dt.22-11-2012 4 after investigation had submitted its charge sheet against the two appellants as also Surajbati Devi. The case thereafter was committed to the court of Sessions on 28.3.1990 and had led to the present trial wherein the learned Sessions Judge, Sitamarhi by the impugned judgment while convicting both the appellants had acquitted co- accused Surajbati Devi. This appeal is only against such judgment of conviction and sentence of both the appellants Ram Babu Bhagat and Ram Shrestha Raut. 5. The defence of the appellants and the co-accused Surajbati Devi in the trial court was one of complete denial of the alleged occurrence and there being also falsely implicated on account of grudge that the prosecution party was carrying against Surajbati Devi. From the trend of cross-examination as also statement of the appellants under section 313 Cr.P.C. it would also transpire that in fact the police had acted in a biased manner and simply because the deceased was the Chaukidar, the story of extra judicial confession was of Surajbati Devi and Ram Shrestha Raut was concocted and some headless body which was not even worth identification much less of the deceased Musahar Rai was made the basis for launching the prosecution against the two appellants and co-accused Surajbati Devi. Additionally a defence was also taken that the appellant Ram Babu Patna High Court CR. APP (DB) No.535 of 1990 dt.22-11-2012 5 Bhagat was aged about 15 years on the date of occur

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.