Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.676 of 2006 =========================================================== Ram Pyare Kahar, son of Gorakh Kahar, resident of village-Pipara, P.S.- Nokha, District- Rohtas, Sasaram. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s With Criminal Appeal (DB) No. 705 of 2006 =========================================================== Shambhu Kahar, son of Achhat Kahar, resident of village- Pipra, P.S.- Nokha, District- Rohtas at Sasaram. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s With Criminal Appeal (DB) No. 798 of 2006 =========================================================== 1. Ganesh Tanto, son of Late Nagina Tanto. 2. Umesh Tanto, son of Ganesh Tanto. 3. Budhu Ram, son of late Sarju Ram. (All residents of village- Pipra, P.S.- Nokha, District- Rohtas at Sasaram) .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s With Criminal Appeal (DB) No. 827 of 2006 =========================================================== Brija Paswan, son of Ram Bachan Paswan, resident of village- Pipara, P.S.- Nokha, District- Rohtas at Sasaram. .... .... Appellant/s Versus The State Of Bihar .... .... Respondent/s With Criminal Appeal (DB) No. 1058 of 2006 =========================================================== Satya Narayan Ram, son of late Ghurahu Ram, resident of village- Kothra, P.S.- Agrer, District- Rohtas. .... .... Appellant/s Versus The State Of Bihar .... .... Respondent/s Patna High Court CR. APP (DB) No.676 of 2006 dt.23-11-2012 2 With Criminal Appeal (DB) No. 1030 of 2010 =========================================================== 1. Manoj Sah S/O Sri Baban Sah R/O Village - Pipra Post Office - Sirkhinda, P.S. Nokha, District - Rohtas .... .... Appellant/s Versus 1. The State Of Bihar .... .... Respondent/s =========================================================== Appearance : (In all these Cr. Appeals) For the Appellant/s : Mr. Ramakant Sharma, Sr. Advocate : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Ashwini Kumar Sinha, Addl.P.P. Mr. Dilip Kumar Sinha, Addl.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 23-11-2012 Cr. Appeal (D.B.) No.676 of 2006 filed by the appellant Ram Pyare Kahar, Cr. Appeal (D.B.) No.705 of 2006 filed by the appellant Shambhu Kahar, Cr. Appeal (D.B.) No.798 of 2006 filed by the appellants Ganesh Tanto, Umesh Tanto and Budhu Ram, Cr. Appeal (D.B.) No.827 of 2006 filed by the appellant Brija Paswan and Cr. Appeal (D.B.) No.1058 of 2006 filed by the appellant Satya Narayan Ram are directed against the judgment of conviction and order of sentence dated 28.06.2006 and 3.07.2006 respectively passed by the learned Additional Sessions Judge, F.T.C.I, Rohtas at Sasaram in Sessions Trial No.412 of 2002 by which the appellants have been Patna High Court CR. APP (DB) No.676 of 2006 dt.23-11-2012 3 convicted and sentenced to undergo imprisonment for life under [STATUTE] (hereinafter referred to as the I.P.C.) and the appellants Shambhu Kahar and Brija Paswan have been directed to pay a fine of Rs.10,000/- and in default of payment of fine, they would undergo simple imprisonment for a period of three years and both of them have been further sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. Both the sentences have been directed to run concurrently. 2. Cr. Appeal (D.B.) No.1030 of 2010 has been filed by the appellant Manoj Sah against the judgment of conviction and order of sentence dated 20.07.2010 and 21.07.2010 respectively passed by the learned 3rd Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No.412A/2002, Trial No.11/2010 by which he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under [STATUTE] . and a fine of Rs.10,000/- and in default of fine, to undergo simple imprisonment for a period of three years and he has been further convicted and sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 27 of the Arms Act and both the sentences have been directed to run concurrently. 3. Since all the appeals arise out of Nokha P.S. Case No.13/2002 corresponding to G.R. No.156/2002, as such, all the Patna High Court CR. APP (DB) No.676 of 2006 dt.23-11-2012 4 appeals have been heard together and are being disposed of by this common judgment. 4. As per the fardbeyan (Ext.3) of the informant Sunil Kumar Singh (P.W.3), the prosecution case, in brief, is that on 15.01.2002 at about 8.00 A.M. the informant was gossiping at his house with his father Ram Naresh Singh (deceased). In the meantime, the appellants Satya Narayan Ram and Budhu Ram came to his house and requested his father to mediate the dispute between both of them. The deceased was not ready to go with them, but on their repeated requests, the deceased went with them. After some time, he also followed his father. It has been further alleged that as soon as his father reached near Dram (small rice mill) of Baijnath Singh, Umesh Tanto, Ram Pyare Kahar, Gorakh Kahar, Mantu Tanto and Manoj Sah caught hold of his father and Shambhu Kahar shot fire at his father. His father raised alarm. In the meantime, Brija Paswan also shot fire at his father, as a result of which, his father fell down. Manoj Sah also shot fire at him. The informant also raised alarm. The miscreants also shot fire at him. The co-villagers and the members of his family rushed there and followed the appellants who making firing escaped towards eastern side of the village. The informant and others followed them and saw that 8-10 unknown miscreants were also armed with firearms near the canal. They also fired at the co-villagers. As such, Patna High

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.