Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.46 of 1989 =========================================================== 1. Ram Chandra Singh, son of Harni Singh. 2. Bharath Singh, son of Khakhar Singh (All residents of Madhubani Kala, P.S.- Chiraiya, District- East Champaran) .... .... Appellants Versus The State of Bihar .... .... Respondent With Criminal Appeal (DB) No. 75 of 1989 =========================================================== Kashi Singh, son of Jugal Singh, resident of village-Madhubani, P.S.- Chiraiya, District- East Champaran. .... .... Appellant Versus The State of Bihar .... .... Respondent =========================================================== Appearance : (In CR. APP (DB) No. 46 of 1989) For the Appellants : Mr. Shailendra Kumar, Advocate (Amicus Curiae) For the Respondent: Mrs. Shashi Bala Verma, A.P.P. (In CR. APP (DB) No. 75 of 1989) For the Appellant : Mr. Shailendra Kumar, Advocate (Amicus Curiae) For the Respondent: Mrs. 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 AMARESH KUMAR LAL) Date: 24-04-2012 Cr. Appeal No.46 (DB) of 1989 filed by Ram Chandra Singh and Bharath Singh and Cr. Appeal No.75 (D.B.) of 1989 filed by Kashi Singh have been heard together as both the appeals arise out of common judgment of conviction and order of sentence dated 1.02.1989 passed by the learned Sessions Judge, East Champaran, Patna High Court CR. APP (DB) No.46 of 1989 dt.24-04-2012 2 Motihari in Sessions Trial No.39 of 1986 by which the appellants Ram Chandra Singh and Bharat Singh have been convicted and sentence to undergo rigorous imprisonment for life under [STATUTE] . and the appellant Kashi Singh has been convicted and sentenced to undergo rigorous imprisonment for life under [STATUTE] . 2. The prosecution case, in brief, is that on 17.08.1980 at 5.00 P.M. there was a Panchayati on account of dispute between Ambika Singh and Ram Chandra Singh (appellant) for money matters. In the midst of the Panchayati, Kashi Singh, Ramchandra Singh and Bharat Singh ordered to kill on which Kashi Singh fired with his gun at Ram Lakhan Singh (deceased) as a result of which, he fell down. He was carried on the cot to Dhaka State Dispensary, but the doctor was not available. In course of taking to another doctor, he succumbed to his injury. The occurrence was witnessed by Bindhyachal Singh (P.W.6), Ram Agya Singh (not examined), Sant Lal Singh (not examined) and Bhola Singh (P.W.1). The fardbeyan (Ext.2) was recorded by the officer-in-charge of Chiraiya police station on 17.08.1980 at about 8.30 P.M. On the basis of aforesaid fardbeyan, Chiraiya P.S. Case No.6 dated 17.08.1980 was registered. After investigation, charge-sheet was submitted. Cognizance was taken. The case was committed to the court of Patna High Court CR. APP (DB) No.46 of 1989 dt.24-04-2012 3 sessions. The charge under [STATUTE] . was framed against the appellant Kashi Singh and charges against Ram Chandra Singh, Bharat Singh and Rishideo Singh were framed for the offence punishable under [STATUTE] . to which they denied and claimed to be tried. After the trial, all the appellants have been convicted and sentenced, as aforesaid and the accused Rishideo Singh was acquitted by giving him the benefit of doubt. 3. The defence of the accused is that they are innocent and they have not committed any offence. They have been falsely implicated in this case due to previous enmity with the deceased and his family members. 4. This Court is required to reappraise the evidence and to see as to whether the prosecution has been able to substantiate its charge beyond all reasonable doubts. 5. The prosecution has examined 11 witnesses to prove the charge levelled against the accused persons. They are namely, P.W.1 Bhola Sah, P.W.2 Madan Mohan Singh, P.W.3 Brahmanand Singh, P.W.4 Ambika Singh, P.W.5 Harendra Singh, P.W.6 Bindheyachal Singh, P.W.7 Sri Narain Singh, P.W.8 Raghunandan Singh, P.W.9 Rajendra Singh, P.W.10 Dr. S.P.Singh and P.W.11 Anand Prakash Singh. 6. The accused have not examined any defence witness in Patna High Court CR. APP (DB) No.46 of 1989 dt.24-04-2012 4 support of their case, but they have filed certain documents, which have been marked as Exts. ‘A’, ‘B’ & ‘C’. 7. P.Ws.1, 2, 5, 6, 7 and 8 have been declared hostile by the prosecution. P.W.9 is the informant. P.W.10 is the doctor, who has held the post-mortem examination (Ext.3) on the dead body of the deceased Ram Lakhan Singh and P.W.11 is the Investigating Officer of this case. 8. P.W.3 has stated that at the time of occurrence, he was in his village. He was going to his Darwaja from his house. When he reached in front of the Darwaja of Ram Chandra Singh (appellant), a Panchayati was going on. There was dispute between Ambika Singh (P.W.4) and Ram Chandra Singh (appellant) with regard to money matter. Kashi Singh, Bharat Singh, Rishideo Singh, Bal Govind Singh, Rajendra Singh (P.W.9), Bhola Singh (P.W.1) and Ram Lakhan Singh (deceased) were present. Ram Lakhan Singh (deceased) told that the Panchayati has already been held yesterday, why the Panchayati was going on and he started abusing. Thereafter, accused Bharat Singh (appellant) told ‘the enemy has come, kill him’. Thereafter, Kashi Singh (appellant) took out gun. Accused Risideo Singh asked to give the gun to him. Thereafter, there was melee. Ram Lakhan Singh and Bhola Singh ran towards east. Thereafter, Kashi Singh shot fire, which caused injury to Ram Patna High Court CR. APP (DB) No.46 of 1989 dt.24-04-2012 5 Lakhan Singh (deceased) and he fell down. He has further stated that he and some others took Ram Lakhan Singh to Dhaka Govt. Hospital where the doctor was not available. When they were taking the injured to another doctor, he succumbed to injury

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.