Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA ***** Criminal Appeal (DB) No.650 of 2005 Against the judgment of conviction and order of sentence dated 10th of August, 2005 passed by Shri R.K. Tewary, the learned 1st Additional Sessions Judge, Kaimur at Bhabua in Sessions Trial No. 60 of 2004/27 of 2005. =========================================================== 1. Muna Singh Yadav @ Muna Yadav, Son of Chamaru Yadav 2. Hridya Yadav, Son of Shiodas Yadav 3. Bachha Khan @ Jafar Khan, Son of Meraz Ahmad Khan, All the three are Resident of Village – Amaon, P.S. – Chainpur, District – Kaimur (Bhabua). 4. Istekhar Sain, Son of Ghuran Sain, Resident of Village – Sirbit, P.S. – Chainpur, District – Kaimur (Bhabua). .... .... Appellants Versus The State of Bihar .... .... Respondent with Criminal Appeal (DB) No. 725 of 2005 =========================================================== Diwan Arman Khan @ Arman Khan, Son of Diwan Mannan Khan, Resident of Village – Sirbit, Police Station – Chainpur, District – Kaimur (Bhabua). .... .... Appellant Versus The State of Bihar .... .... Respondent =========================================================== Appearance : (In both the Appeals) For the Appellants : Mr. Rajani Kant Pandey, Advocate. Mr. Ashraf Ansari, Advocate. Mrs. Fauzia Shakil, Advocate. For the Respondent : Mr. Ashwini Kumar Sinha, 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: 05-10-2012 Criminal Appeal (DB) No. 650 of 2005 filed on behalf of Muna Singh Yadav @ Muna Yadav, Hridya Yadav, Bachha Khan @ Jafar Khan and Istekhar Sain and Criminal Patna High Court CR. APP (DB) No.650 of 2005 dt.05-10-2012 2 Appeal (DB) No. 725 of 2005 filed on behalf of Diwan Arman Khan @ Arman Khan have been taken up together because both the appeals have arisen out of judgment of conviction and sentence dated 10.08.2005, passed by the learned 1st Additional Sessions Judge, Kaimur at Bhabua in connection with Sessions Trial No. 60 of 2004 / 27 of 2005 whereby the learned Judge has convicted the appellants for the offence punishable under [STATUTE] and they have been sentenced to undergo R.I. for life for the offence under [STATUTE] , one year under [STATUTE] and five years under [STATUTE] . The sentences have been ordered to run concurrently. 2. The fardbeyan of Lalwarti Singh gave rise to a criminal case registered against 5 – 6 unknown criminals under [STATUTE] on 01.10.2003. The informant’s son Kumar Krishna Singh and his friend Rintu Singh son of Gorakhnath Singh went to Vindhyachal Darshan through their motorcycle TVS Max – 100 bearing No. BR-45/4403 in the wee hours i.e. at 04.30 a.m. on 29.09.2003 with a promise to return the same night. They did not return on that night and the following day and night. Thereafter, news spread in the locality that two dead bodies near village Sirbit were laying on the bank of Patna High Court CR. APP (DB) No.650 of 2005 dt.05-10-2012 3 Gahuwanwa river. On 01.10.2003, the informant reached there and found that the corpses were of his son aged 22 years and Rintu Singh aged 18 years both were having strangulation mark. Acid was used to disfigure the body. The villagers told that at 08.30 p.m. on 29.09.2003, they heard a cry for rescuing and thereafter a shot was fired. The fardbeyan (Ext. 4) resulted into formal FIR (Ext. 1) of Chainpur P.S. Case No. 75 of 2003 dated 01.10.2003 which was investigated into but charge sheeted under [STATUTE] . On cognizance being taken, the case was committed to the court of Sessions where charge under [STATUTE] was explained against all the five accused. They pleaded innocence so the trial proceeded. 3. The simple defence of the accused persons was of false implication. 4. In order to substantiate its case the prosecution examined Mangaru Prasad as P.W. 1, Basgit Pd. Singh as P.W. 2, Ajay Kumar Singh as P.W. 3, Ravi Shankar Singh as P.W. 4, Duryodhan Singh as P.W. 5, Hirdaya Narain Singh as P.W. 6, Jitendra Pratap Singh as P.W. 7, Ram Murat Singh as P.W. 8, Gorakh Nath Singh as P.W. 9, Suraj Bhan Singh Yadav as P.W. 10, Randhir Singh as P.W. 11, Mahendra Singh as P.W. 12, Satendra Narain Singh as P.W. 13, Lal Barati Singh as P.W. 14, Patna High Court CR. APP (DB) No.650 of 2005 dt.05-10-2012 4 Dr. Kaushal Kishore Pd. Srivastava as P.W. 15, Kuer Singh as P.W. 16, Murari Chaubey as P.W. 17, Ram Sudhar Chaubey as P.W. 18, Iderish Ansari as P.W. 19, Subhan Ansari as P.W. 20, Md. Faruque Dhobi as P.W. 21, Sahabuddin Khan as P.W. 22, Diwan Tarique Khan as P.W. 23, Samullah Dhobi as P.W. 24, Irshad Khan as P.W. 25, Satendra Kumar as P.W. 26, Sheo Shankar Singh as P.W. 27 and Kalyan Khalko as P.W. 28. The defence examined Nandlal Pal as D.W. 1. 5. P.Ws. 12, 17 to 25 have been declared hostile by the prosecution and they have not supported any part of the occurrence. P.Ws. 1, 4, 5, 6, 7, 10 and 11 are more or less formal witnesses and they have proved seizure list and inquest report. Signature of Ravi Shankar Singh and Mahendra Singh on seizure list is exhibited as (Ext.2 and 2/1), signature of Duryodhan Singh on inquest report as (Ext.3), signature of Jitendra Pratap Singh on inquest report as (Ext.3/1), signature of Randhir Singh on seizure list as (Ext.2/2), signature of Satyendra Narain Singh on seizure list as (Ext.2/3), signature of Satyendra Narain Singh on another seizure list as (Ext.2/4), signature of Hridya Narain Singh on seizure list as (Ext.2/5), signature of Lalbarti Singh on inquest report as (Ext.3/2), signature of Idris Ansari on seizure list as (Ext.2/6), signature of Subhan Ansari on seizure list as (Ext.2/7), Patna High Court CR. APP (DB) No.650 of 2005 dt.05-10-2012 5 signature of TIP chart as (Ext.6/1), seizure lists

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.