Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.499 of 1989 =========================================================== Sundeshwar Bhandari, son of Shri Ram Sagar Bhandari, resident of village-Thuma, P.S.-Runisadpur, District-Sitamarhi. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 527 of 1989 =========================================================== 1. Indradeo Jha, son of Late Josodhar Jha. 2. Bijoy Kant Jha, son of Indradeo Jha. 3. Ram Shresth Jha, son of Krishnadeo Jha. 4. Dinesh Jha, son of Krishnadeo Jha. 5. Ram Sogarath Jha, son of Late Madan Jha. All residents of village Bhalni Madan, Police Station-Bajpatti, District-Sitamarhi. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 540 of 1989 =========================================================== Rajdeo Jha, son of Late Satyadeo Jha, resident of village-Bhalni Madan, Police Station-Bajpatti, District-Sitamarhi. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 541 of 1989 =========================================================== Nageshwar Jha, son of Sri Shiwadhar Jha, resident of village-Morshand, Police Station-Runisaidpur, District-Sitamarhi. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 543 of 1989 =========================================================== Prabodh Mishra, son of Punit Mishra, resident of village-Thumma, Police Station- Runisaidpur, District-Sitamarhi. .... .... Appellant/s Patna High Court CR. APP (DB) No.499 of 1989 (4) dt.10-04-2012 2 Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : (In CR. APP (DB) No. 499 of 1989, CR. APP (DB) No. 527 of 1989, CR. APP (DB) No. 540 of 1989, CR. APP (DB) No. 541 of 1989 and CR. APP (DB) No. 543 of 1989) For the Appellant/s : Mr. Vishwanath Prasad Sinha, Sr. Adv. Mr. Anil Kumar Singh, Adv. Mr. Nitin Kumar, Adv. Mr. Prabhash Ranjan Thakur, Adv. Mr. Rajesh Kumar, Bhardwaj, Adv. For the State : Mrs. Shashi Bala Verma, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI) 4. 10-04-2012 1. Criminal Appeal No.499 of 1989 wherein Sundeshwar Bhandari happens to be appellant, Criminal Appeal No.527 of 1989 wherein Indradeo Jha, Bijoy Kant Jha, Ram Shresth Jha, Dinesh Jha and Ram Sogarath Jha happens to be the appellants, Criminal Appeal No.540 of 1989 wherein Rajdeo Jha happens to be the appellant, Criminal Appeal No.541 of 1989 wherein Nageshwar Jha happen to be the appellant and Criminal Appeal No.543 of 1989 wherein Prabodh Mishra happens to be the appellant commonly originate from the judgment of conviction and sentence dated 4th October, 1989 arising out of Sessions Trial No.155 of 1985, 228 of 1985, delivered by Sessions Judge, Sitamarhi convicting the appellants for an offence punishable under [STATUTE] and Patna High Court CR. APP (DB) No.499 of 1989 (4) dt.10-04-2012 3 further directed each of them to undergo R.I. for life under [STATUTE] respectively and further R.I. for 5 years each under [STATUTE] . Further the sentences had been directed to run concurrently with a further direction to adjust the period of detention as provided under Section 428 of the Cr.P.C. 2. P.W.9, Binod Bihari Mishra had filed written report before the S.P., Sitamarhi on 02.08.1984 which was forwarded to the Bajpatti P.S. putting an allegation that his sister Indrapari Devi has come and informed that in the preceding night of 01.08.1984 while his brother-in-law (Bahnoi) Deo Kant Jha @ Bholi Jha was sleeping, his co-villager, Rajdeo Jha, his brother-in-law (Bahnoi) resident of Thumha, brother-in-law of Jai Mangal Sah (Sala) resident of Morshand along with five others took him away after breaking the door of his house with criminal motive. 3. After registering Bajpatti P.S. Case No.43 of 1984 on the aforesaid written report the investigation commenced and concluded by having the charge sheet submitted against altogether fifteen accused (out of whom six have already acquitted by the learned lower court) under [STATUTE] whereunder cognizance was also taken and accordingly, after committal of the case, the trial commenced and Patna High Court CR. APP (DB) No.499 of 1989 (4) dt.10-04-2012 4 concluded in a manner which happens to be the subject matter of instant appeal. 4. The defence as is evident from mode of cross- examination as well as from the statement recorded under Section 313 of the Cr.P.C. is that accused persons are innocent and they have been falsely implicated in this case out of enmity persisting amongst the parties. To support the same, defence had also examined DWs. 5. While assailing the judgment of conviction and sentence, it has been argued on behalf of appellants that the whole prosecution story suffers from improbability and on account thereof, whoever been examined in this case, their evidence are not at all reliable, credible and trustworthy. Then submitted that all the material witnesses are inimical to the accused persons and so, they have got an occasion to implicate the accused persons by this way or that way. Furthermore, it has been submitted that the most natural witness as per prosecution case happens to be PW 8, Indra Pari Devi, wife of deceased who was along with deceased on the fateful night. When her evidence is taken into consideration in light of written report submitted by P.W.9,Binod Bihari Mishra because of the fact that the contents of written report is based upon the earliest version given by Indrapari Devi, PW 8. it is Patna High Court CR. APP (DB) N

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.