Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.409 of 1989 ****** [Against the judgment of conviction and order of sentence dated 24.7.1989 passed by Shri Eric Mechyari, learned 5th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 236/52 of 1987] =================================================== Anant Kumar Brahmchari @ Pappu Prasad son of Rajendra Prasad, resident of village- Bibipur, P. S. Garkha, District- Saran. .... .... Appellant Versus The State Of Bihar .... .... Respondent/s =================================================== Appearance : For the Appellant/s :Mr. Sumant Singh, Adv. :Mr. Aruni Singh, Adv. For the Respondent/s :Mrs. Shashi Bala Varma, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT Date: 24-01-2012 (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) ******** Sri Lalit Kishore, Senior Counsel and Additional Advocate General-I appears in view of the earlier direction of this Court dated 21.12.2011 wherein this Court has directed the Senior Counsel of Bihar School Examination Board to authenticate the Patna High Court CR. APP (DB) No.409 of 1989 dt.24-01-2012 2 date of birth of the appellant and file a report in this regard. 2. Learned Additional Advocate General-I has filed counter affidavit on behalf of the Bihar School Examination Board and submitted that duplicate certificate showing the date of birth of the appellant to be on 25.5.1969 is correct. 3. Heard learned lawyers for the parties. 4. The appeal has been preferred by sole appellant, Anant Kumar Brahmchari @ Pappu Prasad against the judgment of conviction and order of sentence dated 24.7.1989 passed by the learned 5th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 236/52 of 1987 whereby the appellant was held guilty under [STATUTE] . and was sentenced to undergo rigorous imprisonment for life. Other two accused persons, namely, Akhileshwar Prasad @ Paryag Prasad and Ratneshwar Prasad were given the benefit of doubt and they were acquitted. 5. The prosecution case relates to an occurrence of 21.6.1986. At 5.30 a.m. fard beyan (Ext. 4) with regard to the occurrence was given by P. W. 5 Radhika Prasad before Sub- Inspector Hari Lal Yadav ( P.W. 6) of Garakha Police Station on 21.6.1986 at Garakha Bazar wherein he stated that his son Pashupati Nath Gupta (deceased) accompanied the informant to their utensil shop. When they were coming to their shop, the Patna High Court CR. APP (DB) No.409 of 1989 dt.24-01-2012 3 villagers Vishwanath Prasad (died during trial) and Akhileshwar Prasad @ Prayag Prasad (since acquitted) were catching Pashupati Nath Gupta in front of the shop and Ratneshwar Prasad (since acquitted) and Anant Kumar Brahmchari @ Pappu Prasad (appellant) were standing there. Ratanesh Prasad instigated upon which Anant Kumar Brahmchari @ Pappu Prasad repeatedly stabbed on Pashupati Nath Gupta causing injuries upon his chest, left hand, right chick and back. On hulla, Ganesh Prasad (P.W. 2), Birendra (P.W. 3) and others came and witnessed the occurrence. The motive of killing was a dispute between the informant and Vishwanath Prasad. Fard beyan was witnessed by Mundrika Prasad and Uma Shankar Prasad. Fard beyan led to registration of formal FIR (Ext. 1) of Garakha P. S. Case No. 83 of 1986 dated 21.6.1986 under [STATUTE] . Fard Beyan reached the Court on 23.6.1986. 6. In course of investigation blood stained soil (Ext. 7) and digger (Ext. 6) which was alleged used, were seized, inquest report (Ext. 5) was prepared, post mortem report (Ext. 2) was obtained, statement of witnesses were taken, the case was found to be true and the charge-sheet was submitted. The case was triable by the court of sessions so after observing paraphernalia it was committed to the Court of Session where charge under Patna High Court CR. APP (DB) No.409 of 1989 dt.24-01-2012 4 [STATUTE] . was explained to this appellant and three others to which all the accused persons pleaded not guilty, so the trial proceeded. 7. The defence of the accused persons was of false implication on account of enmity from before. Their further defence was that in fact, Anant Kumar Brahmchari @ Pappu Prasad was mercilessly assaulted and remained unconscious from the date of occurrence. He was apprehended by the police on the same date but for the first time he was sent to the judicial custody on 10th July 1986 and it was a case of gross violation of human rights. The police had failed to explain as to why the appellant was not sent to the judicial custody though he was arrested on the date of the occurrence. He stated that at the time of arrest he was unconscious and having a number of serious injuries. 8. In course of trial, Vishwanath Prasad died at the fag end, so trial against him was abated. The other accused persons, namely, Akhileshwar Prasad @ Paryag Prasad and Ratneshwar Prasad were not found guilty and they were acquitted but the appellant alone was found guilty. 9. This Court is to see as to whether the prosecution had been able to prove charge against the appellant beyond shadow of all reasonable doubt or not. Patna High Court CR. APP (DB) No.409 of 1989 dt.24-01-2012 5 10. In order to substantiate the its case the prosecution had examined P. W. 1 Zahir Hassan, P. W. 2 Ganesh Prasad Singh, P. W. 3 Birendra Kumar Singh, P. W. 4 Dr. Shidheshwar Prasad, P. W. 5 Radhika Prasad, P. W. 6 Harilal Yadav and P. W. 7 Jugeshwar Singh. The defence has examined D. W. 1 Rajendra Prasad, D.W.2 Dr. R. K. Sinha, D. W. 3 Vishwanath Singh, D. W. 4 Dinesh Kumar Singh, and D. W. 5 D. N. Singh. 11. D. W. 3 was an employee in Saran Treasury and he was examined to verify the arrival of Vishwanath Prasad in the attendance register (Ext. D), a person who is not in the appeal so he does not require separate discussion. 12. P. W. 4 has conducted the post-mortem exam

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.