Case Facts:
Patna High Court CR. APP (DB) No.212 of 1989 dt.02-02-2012 1 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.212 of 1989 With Criminal Appeal (DB)No. 253 of 1989 ------ Against the judgment of conviction and order of sentence dated 05.05.1989 passed by Sri Eqbal Raza, 3rd Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No.1 of 1978. =============================================== 1.Sarjoo Tewary son of Late Sukhdeo Tewary 2.Jagarnath Tewary son of Late Ram Dayal Tewary, both are resident of village Jagia (Manihari), P.S.Dinara, District Rohtas ---- Appellants Versus The State of Bihar ….. Respondent (in Cr.Appeal (DB)No. 212 of 1989) With 1.Kedar Tewary son of Ram Dayal Tewary, resident of village Jagia, P.S. Dinara, District Rohtas …….. Appellant Versus The State of Bihar …….. Respondent (in Cr.Appeal (DB) No. 253 of 1989) =============================================== Appearance : For the Appellants : M/s Vikramdeo Singh & Sada Nand Roy (in both the appeals) For the Respondents: Ms.Shashi Bala Verma, Addl.P.P. (in both the appeals) =============================================== CORAM:HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT Date: 02-02-2012 (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) -------- Both the above appeals have arisen Patna High Court CR. APP (DB) No.212 of 1989 dt.02-02-2012 2 2 out of common judgment of conviction and order of sentence dated 05.05.1989 passed by 3rd Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 1 of 1978 convicting Sarjoo Tewary and Jagernath Tewary (appellants in Cr.Appeal (DB) No. 212 of 1989) under [STATUTE] and 27 of the Arms Act and Kedar Tewary (appellant in Cr.Appeal (DB) No. 253 of 1989) under [STATUTE] and under Sections 25/A and 27 of the Arms Act and sentencing the appellants of both the appeal to undergo rigorous imprisonment for life for offence [STATUTE] but no separate sentence has been awarded either under Section 27 or 25/A of the Arms Act against the appellants . 2. One Kedar Nath Rai (not examined) lodged fardbeyan (Ext.2) before the Officer-in- charge, Sri Ram Chandra Prasad (P.W.4) of Dinara Police Station on 11.03.1976 at 11.00 P.M. alleging therein that Sarjoo Tewary wanted to marry his daughter with Brahama Nand Rai (P.W.1), cousin of Patna High Court CR. APP (DB) No.212 of 1989 dt.02-02-2012 3 3 the informant, but the girl was not up to the mark rather she was ugly, so the idea was not accepted and refusal caused bitter annoyance to the accused persons. Further allegation was that Sarjoo Tewary had threatened of dire consequences several times in the past. Allegation is that while the informant along with his cousin Brahma Nand Rai (P.W.1), his maternal father Shiv Pujan Thakur (P.W.2) and Janardan Thakur were sitting at the Mill then at about 3.00 P.M. they heard sound of cry, on which the informant and others went towards the place from where sound was coming and as soon as they came out of the village towards south, the informant saw his uncle Lal Mohar Rai was coming raising alarm and at that time he was being chased by Sarjoo Tewary, Jagarnath Tewry, Kedar Tewary and Kesho Nonia who were having rifle, DBBL gun, small country made gun and BBBL gun respectively in their hands. Kesho and Kedar encircled Lal Mohar Rai (deceased) and immediately thereafter Sarjoo and Jagarnath arrived there and at the behest of Sarjoo Tewary, a shot was fired by Kedar Nath Tewary resulting the death Patna High Court CR. APP (DB) No.212 of 1989 dt.02-02-2012 4 4 of Lal Mohar Rai. The accused persons escaped towards village. Thereafter the dead body was brought to the door of the informant as the informant was having apprehension that the accused persons may try to take away the corpse. The fardbeyan resulted into formal F.I.R. (Ext.5) vide Dinara P.S.Case No. 5 of 1976 and investigation proceeded. Inquest report (Ext.3) was prepared. The blood was seized and seizure list (Ext.4) was prepared. Statement of the witnesses under Section 161 of the Code of Criminal Procedure was taken and after completion of investigation, chargesheet was submitted. Cognizance was taken and the case was committed to the court of sessions where after appearance of the accused persons charges under [STATUTE] and 25A of the Arms Act against accused Kedar Nath Tewari and under [STATUTE] against accused Sarjoo Tewari and Jagannath Tewari were framed. Charge under Section 27 of the Arms Act was framed against all the three accused. Charges were explained to the accused persons to which they Patna High Court CR. APP (DB) No.212 of 1989 dt.02-02-2012 5 5 pleaded innocence and preferred to face trial. 3. The prosecution in order to substantiate the charges examined five witnesses. They are : P.W.1 Brahama Nand Rai, P.W.2 Shiv Pujan Thakur, P.W.3 Mangla Rai, P.W.4 Ram Chandra Prasad Sharma and P.W.5 Brahmadeo Prasad. 4. The trial court after hearing learned counsel for the parties and after considering the evidences on record came to the conclusion that the prosecution has been able to prove the charges against the accused persons beyond the shadow of all reasonable doubts and hence convicted and sentenced them, as stated above. 5. This Court is required to reappraise the evidences on record and to see as to whether the prosecution was able to prove the charges beyond the shadow of all reasonable doubts against the appellants. 6. P.W.5 is a formal witness and he has produced the register from Malkhana which has been marked as Ext.8. P.W.3 is not an eye witness of the occurrence rather he is a witness of the Patna High Court CR. APP (DB) No.212 of 1989 dt.02-02-2012 6 6 inquest. P.Ws. 1 and 2 are the material witnesses of the occurrence and P.W.4 is the Investigating Officer. 7. P.W.1 in his evidence has stat

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.