Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.274 of 1990 ====================================================== 1. Raj Mangal Singh. 2. Kishori Singh. Both sons of Ram Sringar Singh. 3. Bhajan Sah, son of Ram Ashray Sah. All residents of Village Ambakala, P.S. Piparahi, Dist. Sitamarhi. .... .... Appellants Versus The State of Bihar .... .... Respondent ====================================================== With Criminal Appeal (DB) No.295 of 1990 ====================================================== 1. Ram Pravesh Sah, son of Dhanuk Sah. 2. Faguni Sah, son of Ram Sharan Sah. 3. Baban Sah, son of Gena Sah. 4. Lagan Sah, son of Ram Ashray Sah. 5. Manjhi Sah, son of Basudeo Sah. 6. Babunand Sah, son of Hiraman Sah. All residents of Village Ambakala, P.S. Piprahi, Dist. Sitamarhi. .... .... Appellants Versus The State of Bihar .... .... Respondent ====================================================== Appearance :- (In CR. APP (DB) No.274 of 1990) For the Appellants : Mr. B.N.P. Singh, Adv. For the State : Mr. Ms. Shashi Bala Verma, APP For the Informant : Mr. Surya Narayan Prasad Singh, Sr. Adv. Mr. Prasoon Kumar, Adv. (In CR. APP (DB) No.295 of 1990) For the Appellants : Mr. B.N.P. Singh, Adv. For the State : Mr. Ms. Shashi Bala Verma, APP For the Informant : Mr. Surya Narayan Prasad Singh, Sr. Adv. Mr. Prasoon Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA) Date: 03-08-2012 These appeals are directed against a common judgment Patna High Court CR. APP (DB) No.274 of 1990 dt.03-08-2012 2 dated 30.6.1990 passed by the 3rd Additional Sessions Judge, Sitamarhi in Sessions Trial No. 280 of 1987, whereby and whereunder, the appellants Raj Mangal Singh, Kishori Singh and Bhajan Sah have been convicted for offence under [STATUTE] sentencing them to undergo rigorous imprisonment for life under Section 302/149 though no separate sentence has been passed for offence under [STATUTE] . Similarly, appellants Ram Pravesh Sah, Faguni Sah, Baban Sah, Lagan Sah, Manjhi Sah and Babu Nandan Sah have been convicted for offence under [STATUTE] and sentenced to undergo R.I. for life under [STATUTE] . though no separate sentence has been passed under Section 302/114 against them as well. The prosecution case against the appellants had been lodged at the instance of the informant Mal Guzari Sah (P.W.8) who in his Fardbeyan (Exbt.-4) recorded at his Bathan on 22.7.1987 at 8.30 a.m. had stated that in the preceding night of 21-22/7.1987 while he was sleeping in his Bathan and his son Jagdish Sah (deceased) was sleeping outside on a bench, all the appellants had come to Darwaja of his Bathan, whereafter, appellant Ram Pravesh Sah and Babu Nand Sah had gagged his (informant) mouth as a result whereof, he had Patna High Court CR. APP (DB) No.274 of 1990 dt.03-08-2012 3 woken up from his sleep and thereafter is said to have also seen his son Jagdish Sah (deceased) to have been caught hold by the appellant Rajmangal Singh and Bhajan Sah while appellant Kishori Singh as also Bhajan Sah to have cut his neck whereas the rest of the appellants had been standing encircling his son, the deceased. The informant had also claimed that after the said occurrence, all the appellant had ran away towards eastern side whereafter he had seen the neck of his son Jagdish Sah (deceased) severed and blood also oozing out over there. The informant thereafter is said to have raised Hulla on which Ram Swarath Sah (P.W.2) and Ram Jee Sah (P.W.1) had reached at his bathan who could also give on account of the occurrence seen by them. It is the specific case of the informant in his Fardbeyan itself that on account of darkness, he could not visualize any weapon held by the appellants in their hand. The motive as per the informant for the said occurrence was an old enmity between the informant on the one side and Bhajan Sah and Lagan Sah on the other. On the basis of the aforesaid Fardbeyan, a formal First Information Report was recorded leading to institution of Piparahi Police Station Case no. 39/87 on the same day (22.7.1987) and the police, after completing the investigation, had submitted charge-sheet against all the nine appellants, whereafter the case being triable exclusively by court of Sessions by committed by an order dated Patna High Court CR. APP (DB) No.274 of 1990 dt.03-08-2012 4 18.11.1987 and the trial court had by the impugned judgment convicting and sentencing all the appellants in the manner as indicated above. The defence of the appellants as would appear from the trend of the cross-examination as also from evidence of defence witnesses examined by them appear to be one of their complete innocence and their false implication on account of previous enmity. Learned counsel for the appellants while assailing the impugned judgment has submitted that though the prosecution had examined sixteen witnesses and also exhibited fifteen documents but ultimately it could not proceed an inch more than the allegations made in the First Information Report according to which there was a solitary eye-witness to the alleged occurrence in form of P.W.8, the informant but, then, even his evidence in the court would not inspire any confidence specially when it is found that he had not named any person as an assailant of his son, the deceased Jagdish Sah to the village Chaukidar, namely, Bhikhari Rai who admittedly had gone to Bathan of the informant and thereafter to the police station for informing the Officer-in-charge regarding the said occurrence. It has also been contended on behalf of the appellants that the prosecution had intentionally withheld the crucial evidence of Bhikari Rai, Chaukidar and in

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.