Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA ***** Criminal Appeal (DB) No.503 of 1988 Against the judgment of conviction and order of sentence dated 20th of August, 1988 passed by Smt. Rajendra Kumari, the learned Ist Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 110 of 1987/8 of 1987. ***** =========================================================== 1. Ram Vidya Thakur, S/O Bhagwat Thakur, Resident of Village Khoripakad. 2. Raghunath Bhagat, S/O Sudish Bhagat, Resident of Village-Bhalui Khan. 3. Ram Babu Singh, S/O Roop Narayan Singh, Resident of Village-Parsauni (Now dead). 4. Samrullah Mian, S/O Lal Mohammad Mian. All are under the Jurisdiction of P.S.-Sahebganj and District-Muzaffarpur. .... .... Appellants. Versus The State of Bihar .... .... Respondent. =========================================================== Appearance : For the Appellant : Shri Kailash Nath Diwakar, Advocate. For the Respondent : Shri Shibesh Chandra Mishra, 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: 19-03-2012 ***** Appellants Ram Vidya Thakur, Raghunath Bhagat and Samrullah Mian have been convicted under [STATUTE] and have been sentenced to undergo rigorous imprisonment for life. Appellant Nos. 1, 3 and 4 have been further convicted under Section 27 of the Arms Act and for that they Patna High Court CR. APP (DB) No.503 of 1988 dt.19-03-2012 2 were sentenced to undergo rigorous imprisonment for five years in Sessions Trial No 110 of 1987/8 of 1987 passed by the learned Ist Additional Sessions Judge, Muzaffarpur. The sentences were ordered to run concurrently. Initially, Appellant No. 3 Ram Babu Singh, Son of Roop Narayan Bhagat was also convicted but he died during pendency of the appeal so, the appeal is proceeding against three persons. 2. On the basis of a written report (Ext.2) addressed to the investigating officer P.W.9 by Shailendra Kumar P.W.6 son of the deceased, the prosecution case was started. The informant P.W.6 stated that at about 9 p.m. on 14.07.1985, he set out for his home along with P.W.1 Haridwar Prasad, P.W.2 Kishun Prasad and P.W.5 Jagdish Prasad and when they reached near Navanagar, Vaishali canal then about eight persons came from both sides and surrounded the informant’s father and exploded bomb and fired. Informant Shailendra Kumar led the Patna High Court CR. APP (DB) No.503 of 1988 dt.19-03-2012 3 torch and saw the smoke emanating from the gun which was being carried by Ram Vidya Thakur. Ram Bahadur Singh fired in air. Raghunath Bhagat was carrying a bag containing bombs, whereas, Ram Naresh Ojha was having a pistol and from that also smoke was emanating. The occurrence was of 9.10 p.m. Ram Vidya Thakur held the gun, whereas, Raghunath Bhagat threw the bomb. After the informant and others raised cry the culprits escaped. The informant’s father was found dead and one hole was found in his chest and there was wound near his left ear also. The motive for the occurrence alleged was that the accused persons were culprits and their conduct was being opposed by the informant’s father. The fardbeyan resulted into formal First Information Report (Ext.5) of Sahebganj P.S. Case No. 67 of 1985 dated 14.07.1985 under [STATUTE] , Section 27 of the Arms Act and Section 3/4 of the Explosive Substances Act and the investigation was taken up by Umakant Baitha P.W.9. In course Patna High Court CR. APP (DB) No.503 of 1988 dt.19-03-2012 4 of investigation, the inquest report was prepared which was signed by Ram Dayal Rai P.W.4 – Ext.1/1. The blood was seized and the seizure list (Ext.8) was prepared. The post-mortem examination report (Ext.3) was obtained, after completion of the investigation charge sheet was submitted against the accused persons and Ram Naresh Ojha showing later to be absconder. Cognizance was taken and the case was taken to the court of Sessions where charges were explained to the accused persons. The charge under Section 27 of the Arms Act was explained against Ram Babu Singh (now dead), Samrullah Mian and Ram Vidya Thakur and charge under [STATUTE] was explained to Ram Vidya Thakur, Raghunath Bhagat, Ram Babu Singh (now dead) and Samrullah Mian. The accused persons denied so the trial proceeded. The defence of the appellants of the false implication on account of enmity which has been mentioned in the fardbeyan itself. 3. In order to support its case, Patna High Court CR. APP (DB) No.503 of 1988 dt.19-03-2012 5 the prosecution has examined nine witnesses:- P.W.1 Haridwar Prasad, P.W.2 Kishun Prasad, P.W.3 Jagat Narayan Prasad, P.W.4 Ram Dayal Rai, P.W.5 Jagdish Prasad, P.W.6 Shailendra Kumar, P.W.7 Jodha Mahto, P.W.8 Dr. Awadhesh Pd. Singh who held the post-mortem examination and P.W.9 the investigating officer Umakant Baitha. P.W.6 is the informant of the case. P.Ws. 1, 2, 5 and 6 have been examined as eye witnesses. P.W.6, son of the deceased and P.Ws. 1, 2 and 5 are cousin brothers as per evidence of P.W.1 in para-4. On the other hand, the defence has examined one witness Parmanand Thakur who has proved the Complaint Petition (Ext.A) to show that present accused Samrullah Mian has figured as complainant, whereas, accused Ram Babu Singh was a witness. In that case Dhuri Rai was another accused and according to Ext.A Samrullah Mian was ordered to pay a fine of Rs. 1100/- . Ext.B is the certified copy of the judgment in which Rahmatullah brother of the accused Samrullah Mian figured as Patna High Court CR. APP (DB) No.503 of 1988 dt.19-03-2012 6 complainant, whereas, Ahmad Mian was figured as accused and that person was servant of the informant and cousin of accused Samrullah Mian, as per P.W.7 in para-5. P.W.6 is the informant of the case and he is son of the deceased. In his e

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.