Case Facts:
Patna High Court CR. APP (DB) No.434 of 1989 dt.30-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.434 of 1989 ======================================================== Against the judgment of conviction and order of sentence dated 31st August, 1989 by Shri Ram Prit Pathak, 7th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial no. 149/25 of 1982/85 ======================================================== Birodhi Pal son of Bishwanath Pall, Resident of village- Piyan, P.S.- Bhabhua, (Sonhan), District- Rohtas.... ……………………………….……...... Appellant/s Versus The State of Bihar………………………………….... .................... Respondent/s ======================================================== Appearance : For the Appellant/s : Mr. Ambika Bhagat, Advocate Mr. Kamal Kumar Sinha, Advocate 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: 30-04-2012 The sole appellant Birodhi Pal has impugned the judgment and order dated 31.8.1989 passed by the learned 7th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 149/25 of 1982/85 whereby the appellant Birodhi Pal was found guilty under [STATUTE] and was sentenced to undergo imprisonment for life. Six other accused persons namely, Kedar Pal, Ram Dayali Pal, Chandradeo Pal, Santan Pal, Muni @ Dinesh Pal and Ram Kant Pal put on trial along with the present appellant were acquitted. 2. The appeal relates to an occurrence of 3.00 PM of 17.12.1989 at village Piyan under the Police Station and District- Bhabhua. According to the fard-beyan (Ext. 4) of Lallu Singh (PW 4) which was recorded by S.I., R. C. Jha (not examined) at 10.45 PM on 17.12.1981 in the dispensary of Dr.Upendra Kumar Singh (not examined) at Kudra, the informant along with his son Mahendra Pratap Singh (not examined) was getting the paddy harvested from the field Patna High Court CR. APP (DB) No.434 of 1989 dt.30-04-2012 which was situated four Bhigha east of the land of Kedar Pal and Birodhi Pal. The harvested paddy was being dried up in the field. At 3.00 PM on the date of occurrence i.e. 17.12.1981, Ram Dayali Pal, Birodhi Pal, Chandradeo pal, Santan Pal and Munni @ Dinesh Pal started bundling the paddy for carrying it towards their houses. The informant and his son Mahendra Pratap Singh went ahead and asked them not to do so. Thereafter, they threw the bundles in their Khaliahan and went to their house. Thereafter, they came with Kedar Pal, Ram Dayali Pal, Birodhi Pal, Chandradeo Pal , Santan Pal, Munni @ Dinesh Pal, Ramakant Pal and Srikant Pal having country made pistol, gun, Garansa, Bhala and lathi. The informant cried upon which his nephew Lambodar Singh (deceased), Sudarshan Singh (PW 1), Satyendra Singh (not examined), Bindhyachal Singh (not examined), Bhgwan Singh (PW 3) etc. came. Kedar Singh fired from his pistol, Bindhyachal Singh assaulted the informant by means of Garansa causing injury upon his head and leg and Santan Pal assaulted him by lathi. The informant’s son Mahendra Pratap Singh (not examined) and Lambodar Singh (deceased) asked the accused persons why they were assaulting, upon which Kedar Pal told that he would finish them. Chandradeo Pal assaulted the informant’s son by Garansa whereas, Munni Pal and Srikant Pal assaulted him by lathi. The informant’s nephew Lambodar Singh was injured by Birodhi Pal by Garansa. On hulla the villagers came and the accused persons burnt their houses. The fard-beyan resulted into formal FIR (Ext. 5) vide Bhabhua P.S. Case No. 122 dated 18.12.1981 under sections, 147, 148, 149, 307, 324, 323, 379 of the Indian Penal Code and section 27 of the Arms Act and the investigation was taken up. 3. In course of investigation inquest report (Ext. 7) was prepared and the injury reports (Ext. 10 and 10/1) were obtained. Injured Lambodar Singh died and [STATUTE] was added. Post mortem report (Ext. 9) was obtained Patna High Court CR. APP (DB) No.434 of 1989 dt.30-04-2012 and statements of witnesses were taken in course of investigation. After investigation chargesheet was submitted. The case was committed to the court of Sessions and after appearance of the accused persons the charge under [STATUTE] was explained to the appellant Birodhi Pal, whereas, charge under [STATUTE] was explained to other accused persons. They pleaded innocence and so the trial proceeded. 4. The defence of the accused persons was of false implication on account of enmity and also that the prosecution has not explained the grievous injury on other side. The other versions that the house of one of the accused was burnt and accused persons were injured were not brought on record. 5. The trial court, after considering the oral testimony of 8 prosecution witnesses and three defence witnesses and after going through the documents and also after hearing the submissions, came to the opinion that the prosecution has succeeded in proving the charge against one accused who is the appellant here and rest accused persons were found not guilty. 6. Now this Court is required to re-appreciate the pros and cons of the evidence and as to whether the prosecution was able to prove the charge against the appellant beyond the shadow of all reasonable doubts or not. 7. In order to prove its case the prosecution has examined altogether 8 witnesses. They are Sudarshan Singh (PW 1), Ram Swaroop Singh (PW 2), Bhagwan Singh (PW 3), Lallu Singh the informant (PW 4), Nirmal Kumar Singh (PW 5) is a tendered witness, Saiyad Ali Qamber the Investigating Officer (PW 6), Dr. B. d. Bhagat (PW 7) who has conducted post mortem examination upon the dead body of deceased and Heera Lal Tiwari (PW 8). 8. Pw 2 is a seizure list witness. PW 8 is an Advocate Clerk and is a forma

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.