Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.29 of 1989 ======================================================= 1. Ram Chandra Thakur, son of Indrashan Thakur. 2. Prahlad Thakur, son of Indrashan Thakur (Both residents of village- Somgarh Mallahi Tola, P.S.- Sathi, District- West Champaran) .... .... Appellants Versus The State of Bihar .... .... Respondent ======================================================= Appearance : For the Appellants : Mrs. Rajani, Amicus Curiae For the Respondent : Mrs. Shashi Bala Verma, Add. 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) Date: 09-02-2012 Ram Chandra Thakur and his brother Prahlad Thakur are aggrieved by the judgment of conviction and order of sentence dated 22.12.1988 passed by the 3rd Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No.186/1984 by which they were convicted under [STATUTE] . and they were sentenced to undergo imprisonment for life. 2. The fardbeyan (Ext.2) was recorded by S.I, S.P. Singh of Sathi outpost (not-examined) on 11.01.1981 at about 6.30 A.M. wherein Ganga Fauzdar (P.W.6) alleged that in the preceding night, he was sleeping inside his house. At about Patna High Court CR. APP (DB) No.29 of 1989 dt.09-02-2012 2 / 8 2 1.00 A.M. in the night, he heard noise of his cousin Kashi Fauzdar and his wife. The sleep of the informant (P.W.6) was disturbed and after hearing the sound, he came to the Angan and soon thereafter neighbours Khichri Fauzdar (P.W.1), Ramayan Fauzdar (P.W.4), Bansi Fauzdar (P.W.2) also came there and saw Kashi Fauzdar (deceased) was thrashed by Ram Chandra Thakur, Prahalad Thakur, Rajdeo Dubey and Bhola Kumri. When the informant and persons present there tried to intervene then all the named accused persons tried to assault the informant and others. The Kashi Fauzdar (deceased) was taken through a lane. The informant and other persons did not chase due to fear. Soon thereafter, Chaukidar and others came and they were told about the participation of four persons and blood was found inside the Aangan. Two weeks prior to the occurrence, there was dispute with regard to fishing and it came to the court. It appears that on account of that enmity, the offence was committed. The fardbeyan resulted into formal FIR (Ext.3). In course of investigation, inquest of the dead body was prepared. The blood was seized, but surprisingly, neither the inquest nor seizure was brought on the record. Initially, the FIR was lodged under [STATUTE] ., but in course of investigation on 17.01.1981, the dead Patna High Court CR. APP (DB) No.29 of 1989 dt.09-02-2012 3 / 8 3 body was recovered by the police from the bed of the river Pandui and thereafter, the case was converted into under [STATUTE] . After submission of charge-sheet, cognizance was taken and the case was committed to the court of sessions where charges under Sections 302/34 and 201/34 were framed against the six accused persons namely Ram Chandra Thakur, Prahalad Thakur, Rajdeo Dubey, Raj Kumar Singh, Bhola Kurmi and Lal Babu Singh. The accused persons pleaded innocence, so the trial proceeded. 3. In order to prove the charge, the prosecution examined 10 witnesses. They are Khichri Fuazdar (P.W.1), Bansi Fauzdar (P.W.2), Mulli Fauzdar (P.W.3), Ramayan Fauzdar (P.W.4), Sheorajia Devi (P.W.5), Ganga Fauzdar (P.W.6), Bandhu Fauzdar (P.W.7), Badri Fauzdar (P.W.8), Madan Mohan Prasad (P.W.9) and Gopal Prasad (P.W.10). 4. P.W.5 is the wife of the deceased. P.W.1 is a seizure witness, but seizure list has not been brought on the record. P.Ws.2, 3 and 4 were declared hostile, though P.W.6 is the informant and brother of the deceased, but he has also been declared hostile. P.W.7 is the witness of the inquest. P.W.8 has been tendered by the prosecution and he has only been cross- Patna High Court CR. APP (DB) No.29 of 1989 dt.09-02-2012 4 / 8 4 examined. P.W.10 is a formal witness. P.W.9 Dr. Madan Mohan Prasad has performed the post-mortem examination upon the dead body of the deceased. Therefore, only one witness, who is wife of the deceased has supported the prosecution case and others have not supported it. The Investigating Officer of the case has not been examined, though, he is alive and from the deposition of P.W.10, it appears that he is still in service. The FIR has no attesting witness, though; the informant has stated that fardbeyan was given in present of Mulli Fauzdar (P.W.3). 5. The trial court after considering the evidence, came to the opinion that the prosecution has been able to prove the charge only against these two appellants and rest four, namely, Raj Kumar Singh, Lal Babu Singh, Bhola Kurmi and Rajdeo Dubey were acquitted of charges. 6. The defence of the accused was of false implication. 7. Now this Court is required to see as to whether the prosecution has been able to prove its charge against the appellants beyond the shadow of all reasonable doubt or not. 8. P.W.5 is only witness, who requires to be discussed. Patna High Court CR. APP (DB) No.29 of 1989 dt.09-02-2012 5 / 8 5 9. According to the evidence of P.W.5, the occurrence is of 8.00 P.M. and at that time; she was sleeping with her husband on straw bed. At that very time, Ram Chandra and Prahalad alongwith four other companions came to her house and beheaded her husband and thereafter, the dead body was carried outside, but no body came there. In the next morning, the dead body of her husband was found. In cross-examination, she has stated that she has named the culprits on the basis of information given to her by the villagers. 10. P.W.6 has stated that he has seen Ramchandra Thakur, Prahalad Thakur, Rajdeo Dubey and Bhola Kurmi inside the Aangan. The dead body was found inside the Aangan. He went to the house, but P.W.5 did n

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.