Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.142 of 1989 =========================================================== 1. GOVIND BIND SON OF LATE SHIV DAS BIND 2. RAM PYARE BIND SON OF BUTAI BIND 3. MAHENDRA BIND SON OF HARBANSH BIND ALL RESIDENT OF VILLAGE- SADULAHPUR, P.S.- RAMGARH,DISTRICT- ROHATAS…………………………………………..... …….... APPELLANT/S Versus THE STATE OF BIAHR…………………………………......... RESPONDENT/S with Criminal Appeal (DB) No. 146 of 1989 =========================================================== 1. HARBANSH BIND SON OF SHIV DAS BIND 2. DHARAM RAJ BIND SON OF BUTAI BIND BOTH RESIDENT OF VILLAGE- SADULAHPUR, P.S.-RAMGARH, DISTRICT- ROHTAS…………………………………….... .... APPELLANT/S Versus THE STATE OF BIHAR……………………………………..... RESPONDENT/S =========================================================== Against the judgment of conviction and order of sentence dated 9th March, 1989 passed by Sri Eqbal Raza, 3rd Additional Sessions Judge, Rohtas, Sasaram in Sessions Trial No. 346/15 of 1986. =========================================================== Appearance : For the Appellant/s : Mr. Sanjay Kumar, Advocate Mr. Rahul Nath, 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: 26-03-2012 Above noted both the appeals preferred by the above named appellants have been taken up together because all the five appellants of the two appeals have been convicted and sentenced by a common judgment dated 9.3.1989 passed in Sessions Trial No. 346/15 of 1986 by the learned 3rd Additional Sessions Judge, Rohtas at Sasaram for the offences punishable under [STATUTE] and each of them were sentenced to undergo rigorous imprisonment for life. Patna High Court CR. APP (DB) No.142 of 1989 dt.26-03-2012 2 2. On 28.3.1986, the Officer Incharge A. Z. Kamal of Ramgarh Police Station went to village Sadulajpur in connection with investigation of Ramgarh P.S. Case No. 41 of 1986 and he found two dead bodies of Yodha Bind and Mukha Bind. Thereafter, fard-beyan (Ext. 3) of Deojee Devi wife of Yodha Bind was recorded at 0.30 horus on 28.3.1986 wherein she stated that in the preceding evening at 6.00 PM her husband was returning after attending the call of nature. AT that very time Govind Bind, Mahendra Bind, Rampyare Bind and Chandrashekhar Bind having lathies and Dharmraj Bind and Harbansh Bind having Bhala came and intercepted the informant’s husband Yodha Bind. The accused persons indiscriminately assaulted Yodha Bind who tried to escape but he was over powered and assaulted to death and when the informant (not examined) came for rescue then Mahendra Bind and Govind Bind assaulted her by lathi upon her back. Her husband died on account of assault. Her father-in-law Mukha Bind came to rescue but he was also assaulted by the accused persons. For saving himself Mukha Bind ran towards Kudra river but he was chased. Harbansh Bind and Govind Bind were witnessed piercing Bhala to Mukha Bind whose anus were also vested by Govind Bind and Dharmraj Bind. The occurrence was on account of the fact that the informant’s husband Yodha Bind and Butai Bind were having dispute with regard to partition of the land. When the informant’s husband died then he was brought to his house and the dead body of the informant’s father-in- law was still near Kudra river. The fard-beyan was sent to Ramgarh Police Station for registering the case under [STATUTE] where Ramgarh P.S. Case No. 42 of 1986 dated 28.3.1986 under [STATUTE] was registered and investigation entrusted to (PW 9) A. Z. Kamal. The FIR attesting witness was Barhi Ram. In course of investigation inquest reports of Yodha Bind and Mukha Bind (Ext. 5 and 5/A) were prepared, Patna High Court CR. APP (DB) No.142 of 1989 dt.26-03-2012 3 post mortem reports (Ext. 2 and 2/A) were obtained. Blood stained earth was seized and seizure list was prepared. Sketch map of place of occurrence (Ext. 7) was prepared. Statement of witnesses were taken and after completion of investigation chargesheet was submitted. After taking cognizance the case was committed to the court of sessions where the charge under [STATUTE] was framed and explained to the appellants to which they pleased their innocence and claimed to be tried. 3. The defence of the accused persons was of false implication and also that the correction version was suppressed. Their further defence was that one of the appellant Haribansh Bind was seriously injured by the accused persons and others were also assaulted and injured the police case to investigate that case in the village and in course of investigation this version was stretched by the informant. Their further defence was that the implication is on account of enmity and also that there was no witness of the present occurrence. 4. In order to prove the case, the prosecution has examined 9 witnesses. They are Basanti Devi (PW 1), Ful Kumari (PW 2), Prayag Bind (PW 3), Kameshwar Singh (PW 4), Hans Lal Prasad (PW 5), Ramayan Bind (PW 6), RamBachan Bind (PW 7), Dr. Shaym Sundar Singh (PW 8) and A.Z. Kamal the investigating officer (PW 9). 5. PWs 4 and 5 are formal witness. The informant of the case has not been examined and there is no explanation as to why she was withheld by the prosecution. FIR attesting witness has also not been examined and for that also, there is no explanation on the record. 6. Before discussing the oral evidence, it would be appropriate to go through the evidence of the doctor who was examined as PW 8. 7. On 28.3.1986 at 11.00 AM, PW 8 was posted as Medical Officer at Patna High Court CR. APP (DB) No.142 of 1989 dt.26-03-2012 4 Sub-Divisional Hospital, Bhabhua. On that date, he performed post mortem ex

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.