Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.545 of 1989 ====================================================== Against the judgment of conviction and order of sentence dated 3rd October, 1989 passed in Session sTrial No. 277 of 1986 by Shri Shiva Bachan Singh, 2nd Additional Sessions Judge, Saran at Chapra ====================================================== Junarbi Rai son of Rup chan Ram, resident of village- Manika Chak, P.S.- Dariayapur, District- Saran………………………….... .... Appellant/s Versus The State Of Bihar…………………………………...... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajesh Kumar, Advocate,(Amicus Curiae) For the Respondent/s : Ms. Shashi Bala Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 07-05-2012 ------- The sole appellant Junarbi Rai has assailed the judgment and order dated 3.10.1989 passed by the learned 2nd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 277 of 1986 convicting the appellant under [STATUTE] and sentencing him to undergo rigorous imprisonment for life. 2. The occurrence relates to Ist January, 1983. In the night at 9.00 PM, Rama Rai set out from his house after taking meal and went to his boring installed in the field for watching it. At about 10-11 PM the informant Laxmi Devi @ Laxminia Devi (PW 4)- Bhabhi of Rama Rai heard shout for help. Rama Rai was crying from his field that Tileshar, Jugeshwar, Junarbi and Subhash were annihilating him. When the informant recognized the voice of Junarbi Rai, then she along with Lalmati Patna High Court CR. APP (DB) No.545 of 1989 dt.07-05-2012 2 2 (PW 2), Reshmi Devi (not examined), Satyendra (PW 1) and others went near the Boring and found 6-7 persons including Junarbi assaulting Rama Rai. She identified Junarbi, Tileshwar Rai, Jugeshar Rai and Subhash among the assailants. Junarbi and other assailants escaped after killing. The motive assigned for killing was that Rama Rai (deceased) was working as Chowkidar. The Police Officer of Dariyapur Police Station with the assistance of Chowkidar Rama Rai had arrested Sri Ram Rai, son of accused Junarbi Rai in connection with a dacoity case and thereafter, certain articles which were kept in his house as well as in the house of another person were recovered. The arrest of Sri Ram Rai, son of the appellant in a dacoity case led the accused to commit the offence. The fard- beyan (Ext. 3) led to registration of formal FIR (Ext. 1) of Dariyapur P.S. Case No. 1 of 1983 under [STATUTE] and the investigation commenced. In course of investigation the inquest report (Ext. 5) was prepared, Post mortem examination report (Ext. 2) was obtained, statements of witnesses under section 161 Cr.P.C. were recorded and after finding the allegation to be true the chargesheet was submitted. Altogether four persons were named as accused. The appellant was one of them. Other two named accused Tileshwar and Jugeshwar were killed in police encounter in the night of 28/29 May, 1984 which led to registration of Dariyapur P.s. Case No. 92 of 1984. Remaining accused Subhash Rai, son of the appellant, escaped and remained absconder. Ultimately, the sole accused was put on trial who was charged under [STATUTE] and explained to him to which he pleaded his innocence Patna High Court CR. APP (DB) No.545 of 1989 dt.07-05-2012 3 3 and so the trial proceeded. 3. The defence of the accused was of false implication on account of enmity from before. The Court below after considering the prosecution evidence and the defence and after hearing the submissions on behalf of the parties came to the opinion that the prosecution has been able to prove its case beyond the shadow of all reasonable doubts. 4. Now this Court is required to see as to whether the prosecution was able to prove its case beyond the shadow of all reasonable doubts or not. 5. In order to prove its case the prosecution has examined altogether 10 oral witnesses. They are Satyendra Rai (PW 1), Lalmani Devi (PW 2), Basmati Devi (PW 3), Laxmi Devi @ Laxminiya Devi (PW 4), Kamal Chandra Kumar (PW 5), Dr. Suresh Prasad (PW 6), Jahir Hasan (PW 7), Salauddin Haider (PW 8), Rajnarain Singh (PW 9) and Sri Ram Saran Choudhary (PW 10). 6. PW 7 is a formal witness who proved the writing of Sri R.S. Choudhary (PW 10) on the fard-beyan (Ext. 3). PW 8 is another formal witness who has proved the writing of formal FIR (Ext. 4). PW 9 Raj Narain Singh is also a formal witness. PW 6 is a doctor who held post mortem examination on the dead body of the deceased and PW 10 has investigated into the occurrence. 7. PWs 1, 2, 3 and 4 are the family members of the deceased and the informant. They are the material witnesses. PW 1 is the nephew of the deceased. PW 2 is the niece of the deceased and PW 3 is widow of the Patna High Court CR. APP (DB) No.545 of 1989 dt.07-05-2012 4 4 deceased and PW 4 is the informant and the Bhabhi of the deceased. All the four witnesses have been examined as a witness to the occurrence. 8. Before taking up the ocular evidence, it is appropriate to discus the medical evidence. PW 6, who at 9.30 AM on 3.1.1983 was posted as Civil Assistant Surgeon, Sadar Hospital, Saran at Chapra, held the post mortem examination on the dead body of Rama Rai and found that rigor mortis was present in all four limbs on both upper and lower limbs and also found the following ante mortem injuries: (i) Incised wound 5 “ x 1” x 2 ½” over upper most part of front of neck, with complete cutting of trachea and esophagus and both external carotid vessels and other soft tissues. (ii) Incised wound two in number 3” x 1”x2 ½” and 4” x 1” x 3” over upper most part of the back of the neck. (iii) Incised

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.